Any kind of physical trauma, including a car accident, can cause a pinched nerve, in addition to other injuries. A pinched nerve may take a long time, as well as extensive surgery, before full recovery.
The effects of serious nerve damage, including a pinched nerve may affect someone’s ability to earn a living and it may even mean life-long treatment and support.
It is vital that a pinched nerve sufferer who sustained the injury as a result of a car accident that was not their fault claim for full and fair damages.
A successful personal injury claim can help to pay for all current and potential future medical treatment as well as lost earnings, and a component for pain and suffering. A personal injury attorney can help prepare a valid claim and negotiate compensation on your behalf.
How a Pinched Nerve Can Affect You
Nerve damage is potentially a very serious injury. Pinched nerves are caused by surrounding tissue or bone being pressed against a nerve, inhibiting its ability to convey messages to and from the brain.
The physical effects will depend entirely on the exact location of the nerve, what organs in the body it serves and the degree of damage caused.
If the nerve is in one of the legs, for instance, it may cause anything from prickly sensations below the damaged nerve, numbness, tingling, twitching, hyper sensitivity to temperature extremes right through to paralysis of the limb, which may be permanent if surgery is impossible or unsuccessful.
A pinched nerve affecting important internal organs such as the lungs, heart, digestive system may be even more serious or life threatening, although it is more likely that the nerve would be in the limbs.
A pinched nerve may cause considerable financial suffering, as surgery could be extensive and expensive while the injury may force the accident victim to stay away from productive work and may even have to forfeit the job if the injury cannot be repaired.
If you have been told following an auto accident that you have a pinched nerve and it may take several weeks for you to recover and return to work you will soon realize that you are going to suffer financial hardship from the injury.
If you know that the accident was not your fault you will have to determine the other driver’s liability. There are 4 elements of negligence that must be proven before a personal injury claim can be filed. These are as follows:
- duty of responsibility;
- the duty was breached;
- the breach of duty caused the pinched nerve injury;
- the crash or accident caused your damages.
You are unlikely to file a claim immediately after the accident as you may still not have recovered sufficiently to put pen to paper. However, if you have had to pay for medical treatment you should keep all receipts safe and invoices that have yet to be paid.
Documentation Needed to Support Your Claim
As soon as you start to compile your demand letter you will have to ensure all the relevant evidence is available at your fingertips. This should include the following documents:
- medical bills including receipts and invoices;
- photos of injuries and damages taken by you or witnesses;
- a copy of the accident report written by a police officer;
- photos taken by surveillance cameras at the accident site.
Damages Possible After a Pinched Nerve Injury
Because of the severity of nerve damage, including pinched nerves, it is important to have the financial effects fully costed before submitting a personal injury claim.
Damages should include all medical expenses, including a careful calculation of all future medical costs, lost earnings, including future loss of earnings and a component for pain and suffering.
If the accident that caused the pinched nerve was due to recklessness or a high degree of negligence, then punitive damages may be awarded. As with all personal injury claims, it is important that the injury can be clearly linked to an accident and that it was caused by another party.
Find out more about what damages you may be entitled to if you file a personal injury claim.
A PI Attorney Will Be Necessary to Provide Legal Assistance
Pinched nerve damage is usually too serious to deal with in a personal injury claim all on your own. The party at fault’s insurer will know that the claim could be substantial and will be attempting to deny the claim altogether or at least try and limit the claim below what is fair.
An experienced attorney will help you evaluate a realistic figure to use in the claim, make sure you have sufficient evidence to substantiate the claim and negotiate forcefully with the insurer on your behalf.
It is always best to have a personal injury attorney in your corner. To speak with one in your area today, take our Free Case Evaluation.
