Can You Sue for Nerve Damage After a Car Accident in California?

Car accidents can result in many injuries, ranging in severity. Among the most serious injuries are those involving nerve damage. This can cause chronic pain, numbness, weakness, and permanent disability. Many who suffer from this condition ask, “Can you sue for nerve damage after a car accident in California?”

To sue for nerve damage after a car accident, you need to understand the extent of the nerve damage, the potential damages you can recover, and the steps you should take to protect your rights.

Types of Nerve Damage

Car accidents involving nerve damage can be complex for many reasons. Unlike a broken arm or similar injury, nerve damage isn’t always visible or obvious. Symptoms may also take days or weeks to appear. It may never fully heal, which requires long-term care and accommodations.

Yearly, it’s estimated that 3.4 million people are evaluated for upper extremity injuries, with 1-3% of these experiencing resulting nerve damage.

Nerves control your body’s movements, sensations, and even autonomic functions, such as breathing and heart rate. Several types of nerve injuries can result from a car accident:

• Radiculopathy. This occurs when nerve roots near the spine are compressed, often because of herniated discs or vertebral fractures.
• Peripheral nerve damage. This affects nerves outside the brain and spinal cord, causing tingling, burning sensations, or numbness. Approximately 20 million Americans suffer from peripheral nerve damage.
• Neuropathy. Neuropathy is a general term for nerve dysfunction, which can include sensory loss, weakness, or even motor impairment. Around 13.5% of the nation suffers from neuropathy.
• Sciatic nerve injuries. Compression or damage to the sciatic nerve can cause radiating pain from the lower back down one or both legs.
• Brachial plexus injuries. These involve damage to the network of nerves that send signals from the spine to the shoulder, arm, and hand.

Can You File a Claim for Nerve Damage in California?

You can file a claim for nerve damage after a car accident in California as long as you can prove that the other party’s negligence caused the accident and your resulting injuries. California is an at-fault state. This means the person who caused the accident is responsible for paying damages. If your injury occurred because of the other driver’s negligence, you have grounds for a personal injury claim.

Under California’s pure comparative negligence rule, you can still recover damages, even if you were partially at fault. However, your percentage of fault does reduce the overall compensation allowed.

Diagnosing and Proving Nerve Damage

Nerve damage is internal, which makes it impossible to detect without the right tests. This documentation is imperative when you’re preparing to file a claim.

Some of the common diagnostic tools used to detect nerve damage include:

• MRI or CT scans. These machines can reveal herniated discs or other spinal issues affecting the nerves.
• Electromyography. An EMG measures muscle responses to nerve stimulation, which can identify nerve dysfunction.
• Nerve conduction studies. This measures how fast electrical signals move through your nerves.

What Compensation Can You Recover?

If you’ve suffered nerve damage from an accident, you may be entitled to various types of compensation. The exact amount depends on the severity and overall impact of the injury.

Medical expenses you can recover include past, present, and future costs, such as emergency room visits, diagnostic testing, surgery, and medications. You can also request compensation for physical therapy and any mobility aids you may need.

If your injury makes it difficult or impossible to work, you can recover lost income or the loss of earning capacity if you’re unable to return to your job. Future lost wages are also considered.

Pain and suffering compensation covers physical pain, emotional distress, and the loss of enjoyment in life. In addition, if the injury results in long-term or permanent damages, you might obtain compensation for ongoing disability.

FAQs

How Much Is Nerve Damage Worth in a Car Accident?

The value of nerve damage in a car accident claim varies based on the severity of the injury, the permanence of the injury, and the impact it has on your daily life. The amount of the settlement would likely increase with the severity and permanence of the nerve damage. Factors include medical costs, lost income, pain and suffering, and long-term care needs. A car accident lawyer can better estimate the potential value of your nerve damage claim.

What Type of Nerve Damage Can Occur After a Car Accident?

Car accidents can lead to many different types of nerve damage. Common injuries include pinched nerves, radiculopathy, spinal cord-related nerve damage, and peripheral nerve damage. Whiplash can also stretch or compress nerves in the neck and back. Severe cases may involve neuropathy or the complete loss of function in certain areas. Symptoms may include numbness, tingling, burning sensations, or muscle weakness.

How Do You Prove Nerve Damage in a Car Accident?

Proving nerve damage from a car accident requires strong medical documentation. A diagnosis often involves imaging tests, such as CT scans, MRIs, or nerve conduction studies. Medical records must connect the injury to the accident. Testimony from neurologists or other professionals may also support your claim. Be sure to keep a detailed log of your symptoms, treatments, and how the injury affects your life.

How Much Is the Compensation for Permanent Nerve Damage?

Permanent nerve damage from a car accident can lead to substantial compensation. It depends on the extent of the disability and how it impacts your life. Compensation should cover medical expenses, ongoing therapy, loss of earning capacity, and pain and suffering. The emotional damages, along with the physical hardships, also matter when determining the settlement amount.

Contact a California Car Accident Lawyer Today

If you’re wondering whether you can file a claim for nerve damage after a car accident in California, reach out to the experienced team at Corrales Law Group. We can establish your claim, gather evidence, and make sure you get the compensation you need to work on your recovery. Contact us today to schedule a consultation.