Nerve Damage: Average Workers’ Compensation Settlement
Last updated Friday, November 8th, 2024
Have you ever felt a sharp pain that makes you immediately stop what you’re doing? Or have you accidentally touched something hot and you find yourself pulling your hand away from the source without even realizing you were doing it? The nerves in your body are responsible for these types of warnings. You don’t have to think about protecting yourself in these situations… your body automatically does it for you.
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The nervous system is known to be the most organized and complicated of all the systems in the human body. Nerves are located everywhere throughout the body and are a vital and important part of communication between the brain and the individual parts of the body. Nerves are responsible for relaying warnings to your brain when something could or is happening within your body that can cause serious damage. For your brain to tell you that you should stop doing something because it can cause injury is the body’s way of protecting itself.
What is Nerve Damage?
Nerve damage is very serious, and sadly more common than one would think. This type of damage to the body affects millions of people in the United States alone. Sometimes known as neuropathy, nerve damage disorders are disorders that affect the transmission of information between the brain, spinal column, and/or nervous system in the body. And since the nervous system is in the majority of areas in the body, there are many places that can become injured to the point of either short-term or permanent injury.
Is it curable? Can nerves heal? Will a serious injury to the nerves cause a permanent disability? The answer to these questions is this – sometimes and sometimes not. There are many “what-ifs” when it comes to the nerves. The extent of damage, what the cause of the damage was, where the injury occurred in the body, what types of underlying issues were involved, and what type of medical treatment you need will all determine how extensive your nerve damage is and if it is treatable, temporary, or permanent.
One of our specialties is cases involving Workman’s Comp injuries that have arisen from injuries received while on the job. Nerve damage unfortunately is not uncommon in the workplace, especially when there is an accident or repetitive motion involved.
It is the responsibility of the employer to maintain a safe environment for workers. If you find yourself in a situation where you think you have a nerve injury, please contact our law firm to discuss what types of options are available to you. We have many resources available to help along this journey.
What Causes Nerve Damage?
Nerve damage is often caused by an injury or accident, such as a work-related injury, a fall, a collision, a motor vehicle accident, a sports-related injury, or other traumatic injuries to the body. It could present as serious pain immediately or could take some time to show. Since the nervous system is so sensitive, the timing could be short or long before even feeling any severe pain.
Where Can I Find Out the Average Settlement for Nerve Damage?
When searching the internet, you’ll find that there are many different answers to this question. And that is typical for this type of injury… because there are many different variables involved. We have created a calculator to help assess your injuries in a Worker’s Comp settlement case. This calculator can give you more information on your particular injury.
Determining the average amount of settlement for cases for workers’ comp cases that involve nerve damage can be tricky. The amount of compensation can vary greatly and really depends upon the injury and amount of pain suffered. The median amount recovered is around $20,000 in the United States, but can range anywhere from a few thousand dollars to hundreds of thousands of dollars.
The severity of the injury, type of injury, the area of the body affects, etc. all contribute to the payout amount for the injured party.
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What is the Lifelong Cost of Having Nerve Damage?
The cost of living with a nerve injury, especially a serious one, can be astronomical. Between medical treatments, physical therapy, and prescription medications, the cost can be thousands of dollars or more each month. If you find relief from other types of treatments, such as chiropractic or holistic treatments (like acupuncture), your health insurance may not cover those costs at all.
Nerve injuries can cause not only pain, but debilitation for the sufferer. High medical costs may be a life-long issue due to the severity of the injury, especially if the injury caused permanent damage.
How Do I Prove a Nerve Damage Claim?
The first step in proving nerve damage would be to have a neurological examination. There are several tests that can be given by your medical doctor to show neurological damage.
One such test is called an Electromyogram, otherwise known as an EMG. Another common test is the nerve conduction velocity (NCV) test.
Neurological testing measures the electrical currents flowing through the nerves and records the amount of electrical activity from the brain to the specific area of injury.
There are also other types of tests given to patients to determine the amount of damage, such as:
- Computerized tomography scan, more commonly known as a CT scan. CT scans use x-ray imaging taken from different angles to look in more detail at the parts of the body affected. These x-ray images are processed by computers to show extremely detailed cross-sections of the affected area.
How can non-economic damages be assessed in a personal injury case?
Understanding Non-Economic Damages in Personal Injury Cases
Non-economic damages are crucial in personal injury cases, though they cover aspects that aren’t easy to quantify. Unlike economic damages, which relate to direct financial losses, non-economic damages address the more subjective, non-monetary impacts of an injury. These can include:
- Pain and Suffering: Compensation for physical discomfort and the associated distress.
- Loss of Enjoyment of Life: Impairments to your ability to enjoy daily activities and hobbies.
- Disfigurement: Compensation for permanent physical changes that affect appearance.
- Emotional Anguish: Psychological impact stemming from the trauma or circumstances of the injury.
- Permanent Disability: Long-term impairments that could affect life functions.
- Damage to Reputation: Addressing harm done to personal or professional status.
- Loss of Consortium: Reflecting the impact on relationships with a spouse or family.
- Impacts of Wrongful Death: Compensation for the emotional impacts following the death of a loved one, as seen in wrongful death claims.
To assess these non-economic damages, personal injury attorneys usually utilize specific methodologies because of their subjective nature. Common techniques include:
- Multiplier Method: In this approach, the total of one’s economic damages (like medical bills and lost wages) is multiplied by a certain number (the multiplier) based on the severity and impact of the non-monetary losses.
- Daily Rate Method (Per Diem): This method assigns a daily value to the pain and suffering experienced and multiplies this by the number of days the victim is expected to live with the condition caused by the injury.
These methods aid in assigning a tangible value to damages that inherently lack a direct monetary equivalent, helping ensure fair compensation for the injured party.
What types of compensatory damages are common in a nerve damage claim?
When filing a nerve damage claim, claimants often seek several key types of economic compensatory damages. Here’s a breakdown of the most prevalent ones:
- Medical Expenses: This category covers a wide range of costs, from initial hospitalizations and ambulance fees to ongoing expenses like doctor visits, imaging, lab tests, physical therapy, medications, and any necessary medical equipment.
- Lost Wages: Injury often requires taking time off work, which can lead to lost wages—including the loss of benefits that would have accrued during the recovery period.
- Lost Earning Capacity: If the nerve damage results in permanent disability, this type of damage compensates for the claimant’s inability to return to their former job or to any job matching their previous earning potential.
These damages are essential for claimants to financially recover and manage their health and careers post-injury.
How do I calculate total damages and losses accurately in a nerve damage claim?
Understanding How to Calculate Total Damages and Losses in a Nerve Damage Claim
Economic Damages: The Tangible Losses
In the unfortunate event of suffering from nerve damage, accurately calculating total damages and losses is critical to ensure you receive fair compensation. Firstly, focus on economic damages. These are quantifiable and cover direct financial losses you’ve experienced due to the injury. Break down your economic damages into several key components:
- Medical Expenses: Compile all costs related to your healthcare, including hospital stays, doctor’s consultations, medications, and any therapeutic treatments required.
- Lost Wages: Calculate the income lost while you were unable to work. Include salaries, wages, bonuses, and other employment benefits missed during your recovery period.
- Future Financial Losses: Consider any lasting effects of your injury that may impact your ability to work. This might involve projecting future earnings and considering any potential medical costs down the line.
Non-Economic Damages: The Intangible Effects
Next, consider the non-economic damages. These are subjective and harder to quantify but equally essential:
- Pain and Suffering: Assess the physical discomfort and mental anguish caused by the nerve damage.
- Quality of Life: Determine the extent to which your enjoyment of everyday activities has been compromised.
- Psychological Impact: Factor in emotional distress, including anxiety, depression, or trauma stemming from the injury or its circumstances.
Calculating these non-material losses often involves using established legal formulas such as the multiplier method (where pain and suffering are multiplied by a number based on the injury severity) or a per diem (daily rate) approach.
Putting it All Together
To ensure you account for all potential compensations, work with a personal injury attorney experienced in nerve damage cases. They can help utilize the right strategies and formulas to derive a comprehensive and fair valuation of your total damages and losses. Documenting every aspect thoroughly and systematically will strengthen your claim and assist in negotiating a settlement that truly reflects your financial and personal hardships.
What documents should I keep related to the incident to establish liability and link injuries to the accident?
When dealing with an incident that might lead to a legal claim, documenting everything is crucial. Here’s a list of important documents you should retain:
- Hospital Bills: Keep all billing statements from your hospital visits. These show the cost of your medical care.
- Medical Reports: Any reports from doctors or specialists that detail the nature and extent of your injuries are vital. They serve as a direct link between the incident and your injuries.
- Receipts Related to Expenses: Gather receipts for medications, treatments, and any other related expenses. These highlight the financial impact of the incident.
Collectively, these documents are essential as they help to establish liability, demonstrate the link between the incident and your injuries, and assist in accurately estimating the monetary compensation needed for your recovery.
