Can I File a Claim for Nerve Damage After a Car Accident?

Broken bones, concussions, and bruising may be most visible after a car accident, but nerve damage is just as common. This type of injury can be difficult to treat, requiring many visits with different medical professionals to obtain an accurate diagnosis and effective recovery plan. The good news is that you can file an injury claim to help cover some of these costs after a car accident. How much you are able to recover in damages depends on your specific situation because no two cases are ever alike, particularly injury cases.

Suing for a Nerve Damage

Filing a claim or suing the negligent party for your nerve damage is allowed under Wisconsin personal injury law. One factor that could influence your claim is your insurance coverage.

Car accident victims first have to pursue compensation through the insurance claims process. Wisconsin operates under a tort system, which is fault-based. This means that whoever caused the car accident is responsible for paying for all accident-related costs for anyone who was involved in the accident. This could include the other driver and his/her passengers.  

You would apply for damages through the at-fault party’s insurance company or your own uninsured or underinsured auto policy coverage. The insurer may offer a settlement, but you should discuss this offer with a personal injury attorney before accepting. It is not uncommon for these offers to be inadequate for your current and future medical needs in a nerve injury case.

If the offer is too low or if the insurer refuses to provide a settlement, your attorney can then file a lawsuit on your behalf to try and help you obtain the compensation to which you are entitled. In some cases. The nerve damage is so severe that it hits the limits of the policy coverage. In situations like that, you may also want to file a lawsuit against the at-fault party directly to obtain the difference between what insurance covers and what you need to pay your medical bills.

Nerves and Injury

Our nervous system covers the entire body. It is a complex system that involves our skin, organs, and brain. Proper function is essential to daily activity. Injuries to the nervous system can affect any part of the body and have the ability to severely disrupt your life. Nerves can be damaged if they are stretched, compressed, crushed, pinched, or spliced.

Some of the most common injuries that cause nerve damage are:

• The rapid forward and back motion of being in a car accident can cause whiplash which can stretch, tear, or compress nerves.
• Herniated disk. Herniated disks put pressure on nerves in the spinal column and may lead to serious permanent injuries.
• Pinched nerve. A pinched nerve occurs due to inflammation of muscles and soft tissues as they react and protect the body after trauma. Pinched nerves can become chronic if left untreated, disrupting the nerve’s ability to function properly.

Symptoms of Nerve Damage

Even the most minor of car accident injuries can cause serious damage. Nerve damage is especially hard to diagnose because it isn’t visible to the naked eye or even on imaging scans. Accident victims should pay attention to their bodies and always seek out medical care after an accident and especially if they experience any of the following symptoms:

• Spasms
• Burning
• Tingling
• Numbness
• Sensitivity
• Weakness
• Severe pain
• Twitching

How Much are Victims Compensated?

The amount of compensation you receive in a claim or lawsuit depends on:

• The extent of the injury and its impact on your life,
• The amount of medical care you require, for how long, and how much it costs,
• Intangibles like pain and suffering, loss of function, or emotional distress, and
• Insurance coverage and payouts.

Your attorney will examine all of these factors to pull together a fair claim amount that will form the basis for your settlement request. From there, the attorney will work through the insurance claims process and possibly the court system to ensure you are paid what you are due.

File a Claim for Car Accident Injuries With Help From Eisenberg Law Offices

If you have been injured in a car accident and have nerve damage, contact the personal injury attorneys at Eisenberg Law Offices. We can help you file a claim, negotiate with insurance, and pursue a lawsuit against the at-fault party to ensure you receive the total compensation amount you need to fully recover from the accident.

Arrange a free, no-obligation consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.