Nerve damage claim
To pursue a nerve damage claim, it is necessary to establish both the existence of the injury and the extent of the damage suffered. Medical evidence is often central to these claims.
Our nerve damage claim solicitors can advise on the evidence required and the steps involved in pursuing compensation.
If you have been involved in an accident and suffered a nerve injury as a result, and if you have any questions surrounding the claim process, speak with one of our experienced nerve damage claim solicitors.
Nerve injury symptoms
Damage to nerves can result in either an increase or decrease in nerve function, making them more or less sensitive.
If you lose sensitivity, you may suffer from numbness.
If your sensitivity increases, you may suffer from increased pain. Nerve damage can also interfere with mobility and restrict movement.
Common symptoms include:
- Lack of sensation or diminished sensation
- Numbness
- Shooting pains
- Mobility problems
- Increased sensitivity to touch
- Burning or freezing sensations
- Reduced coordination
- Reduced bladder control
- Sexual dysfunction
- Dizziness
Causes of nerve damage
Nerve damage due to medical negligence
- During birth
- Direct injury to a nerve caused by cutting, burning, stretching, or compressing during surgery
- Improper prescription of certain toxic medicines
- Improper use of equipment such as tourniquets and surgical retractors
- Dental treatment (for example, root canal procedures)
- Nerve injury during knee replacement surgery
- Nerve injury during hip replacement surgery
- Radial nerve injury
- Epidural-related spinal cord injuries
Nerve damage due to road traffic accidents
- Whiplash injuries resulting from motorbike, car, bicycle, or major road traffic accidents
- Herniated discs
- Pinched nerves
- Neuropathy
- Radiculopathy
- Lacerations
Nerve damage due to workplace accidents
- Electrocution
- Slip and fall accidents
- Falls from height
- Machinery accidents
- Crushing injuries
- Cuts and lacerations
- Broken bones
- Repetitive motion injuries
- Exposure to toxic substances such as mercury and arsenic
- Overexertion
- Carpal tunnel syndrome
Claim process
Most nerve damage claims in Ireland do not begin in court.
Instead, claims arising from road traffic accidents, workplace accidents, slip-and-fall accidents, and other personal injury matters are generally required to be submitted to the Injuries Resolution Board (IRB) before court proceedings can be initiated.
Medical negligence claims are exempt from the IRB process.
Many people choose to instruct a solicitor to assist with the process.
Our nerve damage claim solicitors can help by:
1. Gathering information and evidence
Your solicitor will obtain relevant documentation, including accident reports, photographs, witness details, employment records (where applicable), and any other evidence required to support your claim.
2. Obtaining medical evidence
Medical evidence is one of the most important aspects of a nerve damage claim.
Your solicitor will obtain medical records and specialist reports to assess the nature, extent, and long-term impact of the nerve injury.
Depending on the circumstances, reports may be required from neurologists, orthopaedic consultants, pain specialists, or other medical experts.
3. Submitting the claim
Once the relevant evidence has been gathered, your solicitor will prepare and submit the application to the Injuries Resolution Board where applicable.
If the claim relates to medical negligence, your solicitor will advise on the appropriate litigation process.
4. Assessment or court proceedings
If the claim proceeds through the Injuries Resolution Board, the Board may assess the value of the claim based on the available medical evidence.
If the claim is not resolved through the IRB process, your solicitor can advise on issuing court proceedings and pursuing compensation through the courts.
Throughout the process, your solicitor will ensure your interests are protected and will advise you on any settlement offers received.
When should you bring a claim for nerve damage?
You should seek legal advice as soon as possible if you believe your nerve injury was caused by another party’s negligence, whether through a road traffic accident, workplace accident, accident in a public place, or medical negligence.
Examples may include:
- Persistent shooting or burning pain following an accident or surgical procedure
- Loss of sensation or numbness in part of the body
- Significant muscle weakness following an injury or operation
- Reduced mobility or loss of function in a limb
- Paralysis affecting part of the body
- Loss of bladder or bowel control
- Changes in vision, hearing, touch, or other sensory functions
- Chronic nerve pain affecting daily activities or employment
Nerve injuries can have a significant impact on quality of life, employment, and independence.
Early legal advice can help preserve important evidence and ensure the appropriate medical investigations are carried out.
Statute of Limitations
In Ireland, the general time limit for bringing a personal injury claim is two years less one day from the date of the accident or from the date of knowledge of the injury and its cause.
Different rules may apply in certain circumstances, including medical negligence claims and claims involving minors.
Where a person was under 18 at the time of the injury, the limitation period generally does not begin until their eighteenth birthday.
Because limitation issues can be complex, particularly in cases involving delayed diagnosis or progressive nerve damage, it is important to seek legal advice as soon as possible.
Frequently Asked Questions
What types of nerve damage can give rise to a personal injury claim in Ireland?
In Ireland, nerve damage claims can arise from a wide range of incidents, including workplace accidents where machinery or tools caused a laceration or crush injury, road traffic collisions where impact caused nerve compression or severing, surgical errors where a nerve was damaged during a procedure, and slip or fall accidents where a fall caused fracture-related nerve injury.
The type of nerve affected and the extent of permanent damage are key factors in assessing the value of a claim under the Personal Injuries Guidelines.
How is a nerve damage claim assessed under the Personal Injuries Guidelines?
In Ireland, compensation for nerve damage is assessed by reference to the Personal Injuries Guidelines issued by the Judicial Council.
The assessment considers the severity of the nerve injury, the degree of functional impairment, the likelihood of recovery, and the effect on the claimant’s daily life and ability to work.
Medical evidence from a neurologist or relevant specialist is usually required to establish the nature and prognosis of the injury.
Can I claim for nerve damage if it was caused during surgery?
In Ireland, nerve damage caused during surgery may give rise to a medical negligence claim where the damage resulted from a failure to meet the standard of care expected of a reasonably competent surgeon.
Not all surgical nerve damage constitutes negligence, as some nerve injuries are recognised risks of certain procedures.
However, where the damage resulted from poor technique, inadequate planning, or a failure to warn of a material risk, a claim may be available.
Expert medical evidence is generally required.
Does nerve damage from a road traffic accident go through the IRB?
In Ireland, nerve damage claims arising from road traffic accidents can be submitted to the Injuries Resolution Board for assessment, provided the claim falls within its jurisdiction.
If the claim is not resolved through the IRB process, an authorisation may be issued to commence court proceedings.
What is the time limit for making a nerve damage claim in Ireland?
In Ireland, the general limitation period for a personal injury claim is two years less one day from the date of the accident or the date of knowledge of the injury and its cause.
Different rules apply to claims involving minors.
