Nerve damage and road traffic accident compensation

Nerve damage is something that affects hundreds of people throughout Australia. It can arise as a result of a disease such as diabetes, or through brain injury or damage to the spinal cord. Figures from Neuroscience Research Australia show there are between 350 and 400 new cases of nerve damage each year, with many of them experienced in light of motor vehicle accidents.

Nerve damage can create lifelong problems.

Nerve damage can create lifelong problems.

If you have suffered nerve damage as a result of an accident, be sure to speak to a compensation lawyer. As this article will show, the effects of nerve pain can be lifelong, so it’s important to seek the financial payout you deserve.

What is nerve damage?

Nerve damage is particularly distinctive in that it often feels different to other types of pain, Health Direct explains. It usually feels like a shooting, burning or stabbing sensation that could most easily be described as being like an electric shock.

It usually arises as a result of problems in the brain and spinal cord, or nerves in specific muscles or organs. It is possible to verify the source of the nerve pain by speaking to a doctor or specialist.

Daily challenges of living with nerve pain

Although in some instances the symptoms associated with nerve damage can be relatively minor, there are some sufferers who find themselves faced with daily discomfort that is especially difficult to deal with.

The effects of nerve damage will vary from person to person, which is why it’s so important to speak to a medical professional about the best course of action for your specific situation.

As Pain Australia notes, exercise is a crucial part of everyday life, but for those with nerve damage, it might not always be possible. If this is the case, then sufferers need to ensure they don’t over-exert themselves and only do the amount of physical activity they can cope with.

The group also reveals that stress and anxiety are often outcomes of nerve pain. They can make the problem worse, so keeping these under control is critical to making steps towards recovery.

A combination of different health experts are usually needed to treat nerve pain. These can range from psychologists to dieticians, acupuncturists to physiotherapists, showing just how widespread the difficulties really can be.

Nerve pain is often a side effect of a serious injury resulting from a car crash or motor vehicle accident where heavy forces are in play. We also see nerve damage in clients who have suffered slip and fall injuries falling heavily on their backsides, causing trauma to their spinal cord and neck. Other common accidents happen on worksites from lifting heavy objects or from the result of blunt force trauma. Nerve pain is an additional injury to the main physical injury, ie. slipped disks, bulging vertebrae, abnormalities to spinal cord and lower back problems which have developed over time.

It is important to have a specialist doctor identify all symptoms and injuries an accident has caused. With the right lawyers seeking evidence from experienced medical practitioners who know what to look for, your primary compensation claim can be developed so that you receive the maximum payout. In doing this, we are also supporting various other compensation and insurance claims which may be available to you such as common law negligence claims and whole injury damages claim if it was a result of a work accident. If the injury is one which has prevented you from working, a claim under your superannuation fund, known as a total and permanent disability (TPD) claim, should be available to you. Experienced personal injury lawyers at our firm will be in constant contact with each other. This is how we provide a superior legal service, much superior to others in the field.

For help pursuing your compensation claim for nerve damage, get in touch with the team at PK Simpson.

Frequently Asked Questions

When lodging a claim for car accident injury compensation after a motor vehicle accident, it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a car accident claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within 6 months of the crash.

See above. However, the length of time you have to make your claim depends on the jurisdiction.

For instance:

  • TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical, and you may have more than one TPD claim.
  • Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out-of-time claims may be made. New NSW CTP laws have made it difficult for injured people, and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
  • Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out-of-time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
  • Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
  • Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.

Motor accident compensation claims for car accident personal injury are normally finalised after you’ve recovered or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.

At PK Simpson, our legal service has the best car accident lawyers who deal with all kinds of car accident claim payouts and compensation, and we operate on a no-win, no-fee basis. Motor vehicle compensation can be tricky, so you need professional help to make a claim. Be aware, though, that you need detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW, so click on this link.

If you’ve been injured in a car accident, the police must be notified as soon as possible but within 28 days. You will need to complete a Motor Accident Act Personal Injury Claim Form or get help from PK Simpson car accident lawyers to do so.

You will need to consult a doctor or hospital and get a medical certificate. Gather the certificate and all the receipts and accounts you accrued for your medical treatment and any out-of-pocket expenses. This documentation, plus the police report, is sent to the CTP insurer of the motor vehicle you believe is at fault. You will receive a CTP reference number, and a decision will be made to ascertain who was liable.

If liability is accepted, the insurer is obliged to pay for the following:

  • Reasonable or necessary hospital, medical, rehabilitation, pharmaceutical, respite care and attendant care expenses.
  • Reasonable and necessary travel and accommodation expenses associated with any treatment or rehabilitation provided’

If the CTP insurer denies liability, you should contact your solicitor immediately. To be sure, it’s best to see a lawyer to handle your claim.

If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident, you don’t need to call the police, but move the damaged cars if possible. Never admit responsibility, even if you think you were at fault. Collect the other parties’ names, addresses, registration numbers, and insurance details and get witness details if possible.

If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.

Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.

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