There is no typical pinched nerve settlement as every personal injury case is unique. The amount you could recover for a compressed nerve depends on the location and impact of the injury, the facts of your accident, and your financial damages. Moreover, the future prognosis for your pinched nerve can also play a role in calculating a fair settlement amount.
If someone else caused your painful and debilitating pinched nerve, they should make you “whole” again and pay for your damages. Morgan & Morgan is here to help injured victims get what they deserve. Contact us today for a free, no-obligation consultation to clarify your legal options.
How to Determine the Worth of a Pinched Nerve
Most personal injury victims do not only suffer a pinched nerve injury but have additional injuries and damages. Therefore, there is no such thing as a typical pinched nerve settlement. However, personal injury claimants could receive economic and non-economic damages after a significant nerve injury.
Economic Damages for Nerve Injuries
In most types of accidents that cause compressed nerves, whether a slip and fall or a car crash, victims incur economic damages, such as:
- Medical expenses, including hospital stays and surgery
- Medication costs
- Transport expenses
- Medical devices such as wheelchairs or crutches
- Rehabilitation expenses, such as physical therapy
- Lost wages and potential future lost income
- Miscellaneous expenses
Non-Economic Damages for Pinched Nerves
The pain, suffering, and discomfort victims experience with a pinched nerve could exceed their medical costs and make up a considerable amount of their final settlement. Those suffering from a severe or permanent nerve injury may no longer be able to partake in activities and hobbies they enjoyed before the accident. Victims could seek compensation for such non-economic losses, including:
- Pain and anguish
- Emotional distress
- Loss of life enjoyment
Assessing your economic and non-economic damages adequately, including future expected losses, can be tricky without the help of a skilled personal injury attorney. Therefore, if you experience a nerve injury due to another’s negligence or willful action, seek legal help and assistance as soon as possible. Our experienced personal injury attorneys are ready to assess your specific case, determine your options, and move forward with a claim.
Factors That Can Impact Your Pinched Nerve Settlement
Several factors come into play when calculating an adequate settlement. The amount you could pursue for your damages can depend on the degree of fault of the responsible party, the amount of insurance cover available, and your conduct during the claims process.
The Question of Fault
In most states, victims can recover compensation even if they have some fault for the accident. The legal term for this principle is “comparative negligence.” However, if you are partially to blame for an accident, the amount you can receive will usually be reduced by your percentage of fault. For example, if your damages amount to $100,000, and you have 40 percent fault for the accident that caused your pinched nerve, you could only claim $60,000 in damages.
Available insurance payouts can significantly depend on the type of accident that caused your pinched nerve and whether the at-fault party has sufficient insurance coverage. In some cases, such as slips and falls or a car accident, the at-fault party could have adequate insurance coverage to offer you a fair settlement.
However, if a driver or other at-fault party lacks a comprehensive insurance policy, you might have to sue them personally for damages. You may also file a lawsuit if an insurance company refuses a payout or minimizes your claim. Victims often need the help of a personal injury attorney to assert their rights and fight for what they deserve.
Your behavior and actions during a personal injury claim or lawsuit can considerably influence your pinched nerve settlement recovery. The insurance company and at-fault party’s lawyers may try to discredit your testimony, push the blame for an accident on you, or come up with excuses to deny a comprehensive settlement. Actions you can take to increase your chances of recovery include:
- Be polite and professional throughout the legal process
- Refuse to give recorded statements to another party’s insurer
- Hire a personal injury attorney to protect your rights
- Keep the facts and circumstances of your case confidential
- Comply with your doctor’s orders and treatment plan
- Attend all medical appointments diligently
- Follow the advice of your personal injury attorney
Moreover, in the unlikely event that your case goes to trial, consider that a jury is more likely to side with an honest, personable, and reasonable plaintiff.
How a Morgan & Morgan Personal Injury Attorney Can Help
In all but minor injuries and accidents, having a determined personal injury attorney in your corner can be essential. Morgan & Morgan’s personal injury attorneys can protect you, assert your legal rights, and ensure that you are not leaving any money on the table in settlement negotiations. Ways in which we can help include:
- Offering legal advice and determining your options
- Helping you get adequate medical care
- Collecting and organizing evidence to prove your case
- Calculating a fair settlement amount for your economic and non-economic damages
- Estimating your future expenses in connection with a nerve injury
- Negotiating strongly for a fair out-of-court settlement
- Fighting for what you deserve at trial, if necessary
Victims should not be pushed into settling for a lowball offer when their case is worth much more. Morgan & Morgan never settles for less. Our experienced trial attorneys know the value of your nerve injury claim and can bring your fight all the way to the courtroom. We reject pitiful settlement offers because we understand that you depend on fair compensation to put your life back together after suffering a debilitating injury.
Examples of Pinched Nerve Settlements
Nerve damage settlements can vary considerably depending on the circumstances and extent of the injury. Some victims may receive compensation in the thousands or tens of thousands of dollars for their medical costs and other damages. Other nerve injury settlements may reach six figures. Recent settlements and verdicts for varying degrees of nerve damage include:
- A 1.85 million settlement for a car driver who suffered a pinched nerve and herniated disc in a truck collision
- Compensation totaling $100,000 for a slip and fall injury causing a nerve injury
- A $6 million verdict for a nerve damage birth injury leading to Erb’s palsy