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Home » Can You Claim Compensation for Nerve Damage in the UK?

Can You Claim Compensation for Nerve Damage in the UK?

When your nerves are injured, it can change your life in ways that are difficult to imagine. Nerves are responsible for carrying messages between your brain and the rest of your body. They control your movement, your senses, and even how your body feels pain.

So, when they are damaged, you might struggle to walk, lift objects, sleep comfortably, or even enjoy your regular activities. For many people, nerve damage also affects their ability to work and live independently.

If someone else’s carelessness caused your injury, you might be entitled to claim compensation. In this guide, you’ll learn what nerve damage is, how it can happen, what the average payouts look like in the UK, and how to start a claim.

Understanding Nerve Damage

Nerve damage happens when the nerves that carry signals through your body are stretched, crushed, or cut. Depending on how serious the damage is, you might experience:

  • Tingling or burning sensations
  • Numbness in parts of the body
  • Weakness in your arms, legs, or hands
  • Sharp or shooting pain
  • Muscle spasms
  • Reduced coordination or balance

Sometimes the symptoms go away after a few weeks. But in other cases, nerve damage can cause long-term or even permanent disability.

When Can You Claim for Nerve Damage?

You may be able to claim compensation if your injury happened because another person or organisation failed in their duty of care. In simple terms, a duty of care means a legal responsibility to act reasonably to prevent harm to others.

You could claim compensation if:

  1. Someone owed you a duty of care.
  2. They breached that duty.
  3. You suffered nerve damage because of their actions.

Different laws apply depending on where and how the accident happened.

Road Traffic Accidents

Every road user in the UK — whether you drive, cycle, or walk — has a duty to behave safely and follow the rules in the Highway Code and the Road Traffic Act 1988.

If another driver fails to do this and you are injured as a result, you could have a valid claim. For example:

  • A speeding driver crashes into your car, leaving you with back or neck nerve injuries.
  • A drunk driver swerves into your lane and hits your vehicle, causing nerve damage in your legs.
  • A distracted driver using their phone fails to stop at a zebra crossing and hits you as a pedestrian.

If any of these sound familiar, you may be entitled to make a personal injury claim.

Accidents at Work

Your employer is legally required to protect your health and safety at work under the Health and Safety at Work etc. Act 1974. This includes providing training, maintaining equipment, and giving you the right protective gear.

If they fail to do this and you are injured, you could make a work accident claim. Common examples include:

  • Lifting heavy items without proper training and suffering a back injury that damages a nerve.
  • Operating machinery that hasn’t been maintained properly, leading to a hand or arm injury.
  • Slipping on a wet factory floor with no warning signs and injuring your neck or spine.

If your employer’s negligence caused your nerve damage, the law gives you the right to seek compensation.

Medical Negligence

Doctors, nurses, and other healthcare professionals owe a duty of care to provide a proper standard of treatment. If their mistake causes nerve damage, you might be able to start a medical negligence claim.

Examples include:

  • A surgeon accidentally cutting or trapping a nerve during an operation.
  • A dentist damaging facial nerves while performing a dental procedure.
  • A doctor injecting medication incorrectly and causing a nerve injury.

These cases can be complex, but if negligence is proven, you could be compensated for the harm and losses you’ve suffered.

Accidents in Public Places

Local councils, supermarkets, and other occupiers have a duty under the Occupiers’ Liability Act 1957 to make sure their premises are safe for visitors.

For example, you could claim compensation if:

  • You trip on a broken pavement and injure a nerve in your foot.
  • A loose handrail causes you to fall and suffer nerve damage to your shoulder.
  • A supermarket fails to clear a spill and you slip, damaging your back.

These cases are often called public liability claims.

Evidence You’ll Need for a Nerve Damage Claim

Evidence is essential to prove your claim. It helps show who was at fault, how your accident happened, and how serious your injuries are.

You might need to collect:

  • Medical records: Hospital and GP notes that confirm your diagnosis and treatment.
  • Photographs: Pictures of your injuries or the accident scene.
  • Witness details: Names and contact information of people who saw what happened.
  • CCTV or dash-cam footage: Video evidence can strengthen your case.
  • Financial records: Proof of lost income or expenses like medical costs and travel.

If you choose to work with a solicitor, they can help you gather and present this evidence professionally.

Time Limits for Making a Claim

Under the Limitation Act 1980, you generally have three years to start a personal injury claim. This can be three years from the date of the accident or from when you first realised your nerve damage was caused by someone else’s negligence.

There are some exceptions:

  • Children: The three-year limit starts on their 18th birthday.
  • Lack of mental capacity: The time limit is paused until they regain capacity.

It’s always best to start your claim as soon as possible while the evidence is still fresh.

How Much Compensation Can You Get for Nerve Damage?

It’s natural to wonder what your claim could be worth. However, there’s no fixed amount for nerve damage compensation because every case is different.

Compensation is usually divided into two parts:

  1. General damages – for the pain, suffering, and loss of enjoyment caused by your injury.
  2. Special damages – for financial losses, such as medical bills, lost earnings, or care costs.

Solicitors and insurers use the Judicial College Guidelines (JCG) to estimate the value of general damages. The JCG provides guideline ranges for different types of injuries.

Here are some examples based on recent editions:

Injury TypeSeverityCompensation Range (Approx.)Details
Multiple serious injuries plus financial lossesSevereUp to £500,000+For multiple serious injuries and major financial losses
Back injuriesSevere (i)£111,150 – £196,450Damage to the spinal cord or nerve root causing disability
Back injuriesSevere (ii)£90,510 – £107,910Nerve root damage leading to pain and loss of mobility
Shoulder injuriesSevere£23,430 – £58,610Involving the brachial plexus (neck and shoulder nerves)
Leg injuriesLess serious (i)£21,920 – £33,880Nerve damage affecting mobility or sensation
Thumb injuriesSerious£15,370 – £20,460Nerve damage leading to loss of dexterity and feeling
Whiplash with nerve irritationModerateUp to £4,215Long-lasting pain and restricted movement

These figures are only guidelines. Your final payout could be higher or lower depending on your individual circumstances.

Special Damages You Could Claim

Alongside the payment for pain and suffering, you can also claim back the money you’ve lost or spent because of your injury. This may include:

  • Loss of earnings: If you’ve missed work or had to take a lower-paid role.
  • Medical expenses: Private treatments, medication, or physiotherapy.
  • Travel costs: Trips to hospitals or appointments.
  • Care and assistance: Paid help or support from friends and family.
  • Home adaptations: Installing ramps or mobility aids.

Keeping receipts, invoices, and payslips will make it easier to recover these costs.

Whiplash and Nerve Damage

Whiplash and nerve damage often happen together in road accidents, especially when your neck is suddenly thrown backwards and forwards.

Mild cases may heal within weeks, but severe whiplash can lead to nerve compression and long-term pain. Symptoms may include tingling in the arms, reduced neck movement, and persistent headaches.

If your whiplash injury has caused nerve damage, your claim could be worth more because the recovery time and impact on your daily life are greater.

Examples of Nerve Damage Claims

To understand how these cases work, imagine a few real-world examples:

  • Car accident: You are hit from behind while stationary at traffic lights. The impact causes severe nerve root damage in your lower back, leaving you unable to work for months.
  • Workplace injury: You are asked to lift heavy equipment without proper training. The strain damages a nerve in your shoulder.
  • Surgical error: During a knee operation, the surgeon accidentally cuts a nerve, causing permanent numbness and weakness.

Each of these situations involves someone breaching a duty of care, which gives you the right to claim compensation.

How to Start a Claim

If you decide to move forward, the first step is to speak with a personal injury solicitor. Many offer No Win No Fee agreements, also known as Conditional Fee Agreements (CFAs).

This means you won’t have to pay legal fees upfront. You’ll only pay if your claim succeeds, and the fee is usually a percentage of the compensation you receive.

Your solicitor will:

  • Evaluate your case and collect evidence.
  • Arrange medical assessments to support your claim.
  • Negotiate with the responsible party’s insurer.
  • Keep you informed at each stage.

Most personal injury claims are settled outside of court.

How Long Do Nerve Damage Claims Take?

The time it takes to settle depends on how complex your case is. Straightforward claims, where the other party admits fault early, may be resolved in a few months.

More complicated cases — such as those involving severe injuries or disputed liability — can take longer, sometimes a year or more.

Your solicitor will work to achieve a fair settlement as quickly as possible while ensuring you receive the full amount you’re entitled to.

Why Claiming Compensation Matters

Making a claim isn’t just about money. It’s about recognising the harm caused to you and securing the financial support you need to recover. Compensation can help you pay for:

  • Rehabilitation and physiotherapy
  • Counselling or mental health support
  • Home modifications
  • Future loss of earnings

It can also bring peace of mind, knowing that your suffering has been acknowledged and your future needs are covered.

Final Thoughts

Nerve damage can have a lasting impact on your health, independence, and quality of life. Whether it happened in a car crash, at work, during surgery, or in a public place, the law is on your side if negligence was involved.

You could be entitled to compensation for both your physical pain and the financial challenges you face.

If you think someone else’s actions caused your nerve injury, it’s worth seeking professional advice. A solicitor can explain your options and help you take the right steps — without the stress of handling it alone.

In Summary

  • Nerve damage can affect your ability to live, work, and move normally.
  • You may be able to claim compensation if someone else was at fault.
  • Most claims must start within three years under the Limitation Act 1980.
  • Compensation covers pain, suffering, and financial losses.
  • Expert legal advice can help you understand your rights and secure a fair payout.