Understanding Nerve Damage and How It Can Affect an Injury Claim
Updated: Jul 24
You expect to suffer some types of injuries after an accident; broken bones and contusions are some common examples. An accident can also result in a traumatic injury that impacts the rest of your life. An injury that’s not often listed on a personal injury claim is nerve damage.
Your accident can cause one or more of the different types of nerve damage. So, what are the types of nerve damage and are there symptoms? You may also be wondering if you can file a claim if your nerve damage is caused by someone’s negligence.
The Different Types of Nerve Damage
Your central nervous system plays a vital role, controlling everything from your breathing and muscles to letting you know if you’re hot or cold.
Your nerves are also responsible for carrying sensations from your body to your brain. Your nerves let you know when something tickles, feels painful, or is pleasant. When you’re dealing with nerve damage, your quality of life can be significantly impacted. Nerves are typically divided into three categories:
Autonomic nerves that control functions like blood pressure, heart rate, digestion, and body regulate body temperature.
Sensory nerves relay information to your brain concerning sensations felt on your muscles and skin.
Motor nerves control your muscles by passing information from your brain to your spinal cord.
Each group of nerves serves vital functions that help ensure you’re able to live life to its fullest.
Symptoms of Nerve Damage
Your symptoms can vary depending on which groups of nerves sustained damage and their location.
Remember, your nerves are part of your central nervous system and connect the various muscles in your body to your brain. Nerve damage in your arm often produces different symptoms than the ones controlling your heart rate.
Autonomic Nerve Damage Symptoms
Common symptoms associated with autonomic nerve damage can include:
Lightheadedness
Dry eyes and mouth
Constipation
Loss of bladder control
You may also be unable to detect any pain or discomfort in your chest, for example, a heart attack. You may also have difficulty controlling your body’s sweat glands. Another less talked about symptom is a loss of sexual function.
Sensory Nerve Damage Symptoms
There are some symptoms specific to sensory nerve damage, including:
Pain
Sensitivity
Numbness
Tingling or prickling
Burning
You may also experience symptoms associated with other types of nerve damage. For example, your numbness may be commingled with a feeling of lightheadedness.
Motor Nerve Damage Symptoms
On top of this, there are certain symptoms for motor nerve damage:
Weakness
Muscle atrophy
Twitching
In some cases of motor nerve damage, patients have reported difficulties with spatial awareness. They can’t always accurately judge the distance between a space. The individual may feel like there’s plenty of room on the couch, only to sit down on someone’s lap.
Seeking Compensation for Nerve Damage
Certain diseases like some forms of cancer and diabetes can cause nerve damage. Substance abuse can also damage your nerves over time. Being involved in an accident can also damage your nerves.
If the accident is caused by someone’s negligent behavior or actions, there’s a good chance you can file a claim to receive compensation. However, you can’t simply fill out an insurance form and hope to receive a check in the mail. While this would be great, there’s a process you must follow.
Document Your Nerve Damage
One of the first things you should always do, after reporting the accident to the authorities, is seek immediate medical attention. Your nerve damage may not start to show signs and symptoms for a few days, but it’s always a good idea to be proactive about your health.
Even if symptoms aren’t apparent, your physician may be able to give you an early diagnosis. The sooner you start treating your nerve damage, the better your chances are of making a full recovery. You’re also going to need your medical records to prove your nerve damage is the direct result of the accident.
Pick Up a Copy of Your Accident Report
You’re also going to need to supply a copy of your accident report to the insurance company. Since your accident resulted in injuries, you’re legally obligated to report the accident immediately—this also means staying on the scene.
If you drive off, you may be facing a hit-and-run charge and this can affect your personal injury claim. Most accident reports are ready in about 7 to 10 business days and you can purchase a copy online or head to the nearest police precinct.
Calculate Your Damages
Your damages will include your medical expenses. If you also suffer property damage or lost income, you can include this in your claim.
Don’t forget about your non-economic damages like pain and suffering. Your attorney can help you calculate these damages. Once you know the value of your claim, it’s time to contact the insurance company.
Navigating Florida Personal Injury Law
Florida follows no-fault insurance laws which affects your personal injury claim. Your PIP (personal injury protection) insurance will cover some of your economic damages, up to the policy’s cap. All drivers with vehicles registered in Florida must carry at least the state’s minimum PIP insurance requirements. Most PIP policies pay up to 80% of your medical expenses.
So, how do you recover your remaining economic damages, and who pays for your non-economic damages? After filing a claim with your personal injury protection coverage, you can turn to the at-fault driver’s insurance for your remaining damages. This is why your attorney calculated your non-economic damages.
Filing an insurance claim with the at-fault party’s insurance means proving negligence. Since you have a copy of the accident report, you’re all set to prove your claim. Something to remember is your claim against the defendant’s insurance company picks up where your PIP coverage leaves off.
So, if your medical expenses are $100,000 and PIP covers $25,000, your claim against the other driver will be for $75,000 in medical costs.
You Can Receive Compensation for Your Nerve Damage
Even though nerve damage isn’t commonly listed on personal injury claims, this doesn’t mean it can’t be included. Nerve damage can impact your quality of life, and you deserve to receive compensation. Talk to an attorney about your accident to learn more about your legal options.
An experienced attorney can help you understand the extent of your rights and work to include nerve damage in your claim. They can also guide you through the process of gathering necessary medical documentation and expert testimony to strengthen your case, ensuring you receive the compensation you deserve for your pain and suffering.
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