Can You Sue for Nerve Damage?

On This Page

1. What Kinds of Compensation Can You Pursue?
2. Nerve Damage Can Lead to Multiple Medical Complications
3. You Can Sue Even if You Were Partially at Fault
4. If a Car Accident Led to Your Nerve Damage
5. Time Limits to File a Lawsuit
6. Call Berger and Green if You Suffered Nerve Damage in an Accident

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

You can sue for nerve damage after a personal injury that resulted from a liable party’s negligence. These damages can help cover medical costs associated with your injury, as well as lost wages and pain and suffering. If your injury was caused by a car accident, however, your ability to sue could depend on your insurance coverage.

Injured parties often begin seeking compensation through an insurance claim. However, if an insurer refuses to offer a fair settlement during negotiations, a lawyer from our firm could file a lawsuit for you.

What Kinds of Compensation Can You Pursue?

The following forms of compensation can address your losses due to nerve damage, whether they occur immediately after the personal injury or well into the future.

Medical Expenses

A person suffering from nerve damage may require various medical interventions to help them heal. Additionally, medical therapy may continue for months, years, or even the duration of a patient’s life.

To account for these medical expenses, your economic damages may cover:

• Surgery
• Emergency room visits
• Specialist’s fees
• Rehabilitative therapy (i.e., speech therapy, cognitive therapy, physical therapy, psychological therapy, etc.)
• Home modifications
• Medications
• Medical out-of-pocket expenses
• Transportation to and from doctor’s appointments

Income Losses

If nerve damage results in temporary disability, you could be out of work for some time. In the worst-case scenario, a permanent disability keeps you from returning to work or working in the same way as you did before your accident. Connect with a Pittsburgh Social Security Disability lawyer now to deepen your understanding.

To address this loss, your potential compensation could include:

• Lost wages
• Reduced earning capacity

Pain and Suffering

Pain and suffering refer to non-economic damages intended to make up for your physical and emotional suffering stemming from your injuries. If you were in a car accident, you might have to meet certain eligibility requirements to sue for pain and suffering.

Other forms of non-economic damages may include the loss of quality of life, which compensates you if your nerve damage prevents you from doing the things you once enjoyed.

Nerve Damage Can Lead to Multiple Medical Complications

Nerves are responsible for many functions within the body, as well as the brain. When they sustain trauma and damage results, symptoms can cause serious complications.

According to Mayo Clinic, nerve damage can manifest in:

• Muscle weakness
• Numbness and pain
• Major sensitivity to touch
• Paralysis
• Digestive and urinary problems

Some of these medical conditions may lead to the need for:

• Braces
• A walker
• A wheelchair
• Medications

While treatments for nerve damage exist, some victims may never recover the full ability of their functions. Some options may include surgery, therapy, and lifestyle changes.

You Can Sue Even if You Were Partially at Fault

In Pennsylvania, you can sue a liable party for nerve damage as long as you bear less than 51% of the fault for the accident. This may come into play in a car accident case, for example.

When insurance adjusters investigate your accident, they will determine how much fault each party bears for the accident.

If a Car Accident Led to Your Nerve Damage

In the case of a car accident, you may have to meet certain qualifications to be able to sue for non-economic damages, such as pain and suffering.

You have the right to seek legal representation when filing a claim or suit. Our team can help you determine when you have the right to file suit against a negligent driver based on:

• Your elected insurance policy
• The severity of the injuries you sustained in the accident

Time Limits to File a Lawsuit

There is a statute of limitations in Pennsylvania that dictates how long you have to take legal action against a liable party. Under Pa. C.S.A. § 5524, you have two years from the date of the accident to file a personal injury lawsuit.

Keep in mind that two years does not leave you much time to negotiate with insurers. Insurers may offer you an initial settlement that does not fairly cover your losses. When this happens, negotiations begin, and this can take some time.

Back-and-forth communication can last for months, and you will want to give your case the time it deserves. If you fail to meet the two-year deadline, your lawsuit may be dismissed by the court.

Call Berger and Green if You Suffered Nerve Damage in an Accident

After a negligent party causes you injuries, the resulting nerve damage can leave you facing exorbitant bills, lost wages, and pain and suffering. These are losses our lawyers can help you address when we represent your case.

We can help you with your insurance claim or personal injury lawsuit so all you have to do is focus on getting better. We can handle your case from beginning to end. We work on contingency, meaning we do not need to collect any upfront payment from you to begin working on your case.

Leave the legal hassle to us. For your free consultation, call us at (412) 661-1400. We can tell you if you can sue for nerve damage after an accident.