Nerves are a system within the body that relays messages between the brain and the body. Each nerve is a sheathed bundle of tiny fibers that can carry a message. Certain nerves deliver messages about pain, temperature, or pressure from the body to the brain, while others carry messages to the body’s muscles to trigger movement. Too much pressure, stretching, or cutting may damage nerves. For example, carpal tunnel syndrome may injure the median nerve slowly over time. Meanwhile, trauma to the wrist area may cause an acute injury right away. If you experience nerve injuries as a result of someone else’s negligence or wrongdoing, you may need a Folsom personal injury attorney to bring a claim on your behalf. The California nerve injury lawyers at The Law Office of Black & DePaoli, PC are here to assist you.
Pursuing Compensation for Nerve Injuries
Cuts to a nerve or extreme stretching of a nerve may result in an inability to transmit signals, hampering movement. While some mild nerve injuries may improve after a few weeks without medical intervention, many injuries do need to be repaired. For example, when nerve fibers are broken or cut, supportive care or even surgery may be necessary.
During surgery, nerve ends may be sewn together. However, nerve fibers grow at a slow pace, and they may only grow an inch a month after the surgery, resulting in many months of recovery and perhaps a pins and needles sensation or numbness during the healing period. In some cases, physical therapy will be needed. The results of the surgery may vary depending on the patient.
Nerve injuries may result from many different types of accidents. For example, nerves might be cut during a serious car crash. Nerves might also be damaged in the birth process. In many cases, nerve injuries are due to someone’s negligence. A nerve injury attorney in the California area can help you try to prove the negligent conduct by a preponderance of the evidence to recover compensation related to your injuries, including the costs of supportive care or surgery.
This means that you will need to show that the defendant was required to meet a duty of care toward you, breached this duty, and caused your nerve injuries as a result of the breach. All drivers owe a duty to use reasonable care while driving, so if, for example, the defendant ran a red light, it is likely that the jury will find that they breached the duty to use reasonable care. When a defendant fails to follow a safety law or ordinance, such as one that prohibits texting while driving, and the result is a collision that causes nerve injuries, it may be possible to obtain compensation by proving that a defendant was negligent per se.
“Preponderance of the evidence” is a standard of proof that necessitates showing that it is more likely than not that events happened in the way that you say they did. Injuries and the damages related to those injuries must also be proved according to this standard. Sometimes it is necessary to present evidence of nerve damage in the form of diagnostic nerve conduction tests that show that your nerves were impaired.
We may need to retain an expert not only to establish the fact of nerve damage but also to discuss common symptoms and any sophisticated nuances about the probable effect of the nerve damage on your life. In a birth injury case, it will be necessary to establish the professional standard of care that was breached by a health care provider. Generally, you will also need to testify about your personal experience and the impact of the nerve injuries on your life.
Damages that may be recovered if liability is established include medical bills, hospital bills, pain and suffering, emotional distress, loss of consortium, household services, and in severe cases, nursing care over a lifetime. The damages that may be recovered depend on the circumstances and the severity of the nerve injuries.