Nerve damage can lead to debilitating physical and emotional pain, making even simple daily tasks feel impossible. Whether you are dealing with chronic pain, muscle weakness, or loss of sensation, the effects of nerve damage are often long-lasting and difficult to manage. What is worse, nerve damage caused by medical negligence can leave you feeling frustrated and helpless, knowing that your condition could have been avoided with proper care.
We know how overwhelming it is to face such challenges. Our experienced legal team is here to help those suffering from nerve damage due to someone else’s negligence. We will guide you through the process of seeking compensation for your pain, loss of function, and the impact this has had on your quality of life. Let us help you fight for the justice and financial support you deserve.
What Is Nerve Damage?
Nerve damage occurs when the nerves that transmit signals between your brain, spinal cord, and the rest of your body are injured or disrupted. This can result in symptoms such as chronic pain, loss of sensation, muscle weakness, or paralysis. Nerve damage can affect specific areas of the body or lead to more widespread complications, depending on the severity and location of the injury. It may result from accidents, infections, or, in some cases, medical negligence.
Examples of Medical Negligence That Can Lead to Nerve Damage
- Surgical Errors: Mistakes during surgery, such as cutting or compressing nerves, can result in permanent damage, causing pain, weakness, or loss of function.
- Mismanagement of Injections: Incorrectly administering injections, such as an epidural, can damage nearby nerves, leading to significant nerve injury.
- Failure to Diagnose: Delayed or incorrect diagnoses of conditions like infections or tumours can allow nerve damage to progress untreated, worsening the patient’s condition.
- Inadequate Postoperative Care: Poor care after surgery can lead to complications such as infections or blood clots that, if not properly managed, may cause nerve damage.
- Dental Negligence: Nerve injuries can occur during dental procedures if the nerves in the mouth or jaw are damaged due to improper technique.
Is It Hard to Prove Nerve Damage?
Proving nerve damage in a medical negligence case can be challenging but not impossible. It often requires thorough medical documentation, expert testimony, and evidence that the healthcare provider’s actions fell below the accepted standard of care.
Nerve damage is not always visible through standard imaging tests, so it is essential to have experienced legal and medical experts who can establish a direct link between the negligence and the injury. At Michael Boylan Litigation, we collaborate closely with medical professionals to present your case in a clear and effective manner, thereby enhancing the likelihood of a successful outcome.
The Nerve Damage Claim Process
The nerve damage claim process begins with an in-depth consultation where we gather all relevant details about your injury and the circumstances surrounding it. We will collect your medical records and work with expert witnesses to determine whether the nerve damage resulted from medical negligence. At this stage, it is crucial to establish a clear breach in the standard of care, demonstrating that proper care could have prevented your injury.
Once negligence is confirmed, we will file the claim on your behalf. This involves notifying the responsible party and their insurers, after which settlement negotiations may begin. If we are unable to reach a settlement, we may take your case to court, where we will present our evidence and seek compensation for your pain, lost income, medical costs, and long-term care.
Statute of Limitations
Under the Statute of Limitations Act 1957, the general statute of limitations for filing a nerve damage negligence claim in Ireland is two years from the date of the injury or from when you became aware of the injury. However, there are certain exceptions to this rule. For example, if the injury was not immediately apparent, the two-year period begins from the "date of knowledge",the moment you knew, or reasonably should have known, that the nerve damage was caused by negligence.
In cases where the claimant is a minor (under 18 years old), the two-year limitation period does not start until the claimant reaches the age of 18. This means parents or guardians can file a claim on behalf of a child before they turn 18, or the child can file the claim themselves up to their 20th birthday.
How Much Can I Claim for Nerve Damage?
The amount you can claim for nerve damage depends on the severity of the injury and its impact on your life. According to the Personal Injuries Guidelines, compensation amounts can vary widely based on factors like the location of the nerve damage, the extent of physical limitations, and the long-term effects on your quality of life. Here are some examples:
- Severe Nerve Damage (e.g., brachial plexus injury or paralysis): These cases, which may involve permanent loss of function or paralysis, can result in compensation ranging from €100,000 to €150,000 depending on the extent of the disability and its impact on daily life.
- Serious Nerve Damage: For cases where nerve damage causes significant but not total loss of function, such as a severe dislocation or fracture with permanent movement restrictions, compensation typically falls between €40,000 and €75,000.
- Moderate Nerve Damage: If the nerve damage results in ongoing but less severe symptoms, such as limited movement or chronic discomfort, you may expect compensation between €18,000 and €35,000.
The amount you can claim will also depend on how the injury affects your work, personal life, and long-term prognosis. To better understand your case and potential compensation, consult with our experienced solicitors.
Start Your Nerve Damage Claim
We understand the physical and emotional toll nerve damage can take on your life, and we are here to support you. Let us help you seek the justice and compensation you deserve. Contact us now for a consultation.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
