Nerve injuries to the hands can be life-changing, and they can prevent a person from being able to live his or her life, work, and engage in daily activities. Whether resulting from an auto accident, work accident, physician error, or other form of negligence, these injuries have the potential to cause chronic pain, loss of function, and even lifelong disability.
In this article, you will find out how settlements of nerve injuries to the hands are calculated, the factors that impact settlement values, the compensation calculation process, and the impact of legal representation on maximizing your claim. Being knowledgeable about these matters may help you move forward in the complicated process of seeking reasonable compensation for your injury.
Understanding Nerve Injuries to the Hands
Let’s take a look on what Nerve Injuries to the hands is:
What Are Nerve Injuries?
Nerve injuries occur when the delicate nerve fibers in the body are damaged, leading to pain, loss of sensation, weakness, or even paralysis. In the hands, nerve injuries can result from:
- Crushing Injuries: Such as those sustained in car accidents or heavy machinery accidents.
- Lacerations: Deep cuts that sever or damage nerves.
- Medical Errors: Nerve damage during surgery or improper injection techniques.
- Repetitive Motion: Such as carpal tunnel syndrome from constant strain.
Types of Nerve Injuries in the Hands
- Neuropraxia: A mild injury where the nerve is stretched but not torn. Recovery is often complete.
- Axonotmesis: A more severe injury where the nerve is damaged but has the potential to recover over time.
- Neurotmesis: The most severe form, where the nerve is completely severed, often leading to permanent damage.
Symptoms of Nerve Injuries
- Numbness or tingling in the fingers or palm.
- Loss of sensation in the hand.
- Weakness or difficulty in gripping objects.
- Sharp, shooting pain.
- Muscle wasting in severe cases.
Factors Influencing Nerve Injury Settlements
The value of a settlement for a nerve injury to the hands depends on several key factors:
1. Severity of the Injury
- Minor injuries, such as mild neuropraxia, may result in lower settlements.
- Severe injuries, such as neurotmesis with permanent disability, may lead to higher compensation.
2. Type of Treatment Required
- Nonsurgical treatments (physical therapy, medication) may lead to lower costs.
- Surgical interventions (nerve repair, nerve grafting) increase medical expenses, raising the potential settlement.
3. Impact on Daily Life
- Inability to perform basic tasks (writing, using a computer, cooking) can increase settlement value.
- Loss of enjoyment of life or inability to participate in hobbies also affects compensation.
4. Lost Wages and Loss of Earning Capacity
- Temporary time off work leads to lost wages.
- Permanent disability or reduced ability to work can result in loss of earning capacity.
5. Pain and Suffering
- This non-economic damage accounts for the physical and emotional distress caused by the injury.
- More severe, life-altering injuries generally result in higher pain and suffering awards.
6. Comparative Fault
- If the injured party is partially at fault (such as in a car accident), the settlement may be reduced proportionately.
- For example, if you are found 20% at fault, your settlement may be reduced by 20%.
7. Available Insurance Coverage
- The settlement may be limited by the insurance policy limits of the at-fault party.
- If the at-fault party has minimal insurance coverage, this can impact your final compensation.
Calculating Settlement Values for Nerve Injuries
Here are some calculations for the settlement values for Nerve Injuries:
Economic Damages
- Medical Expenses: Costs for diagnosis, treatment, surgery, rehabilitation, and future medical care.
- Lost Wages: Income lost due to time off work during recovery.
- Loss of Earning Capacity: Future income lost due to permanent disability or reduced work ability.
Non-Economic Damages
- Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
- Loss of Consortium: Compensation for the impact on relationships with loved ones.
Calculating Non-Economic Damages
There are two common methods used:
- Multiplier Method: Multiplying total economic damages by a factor (typically 1.5 to 5) based on the severity of the injury.
- Per Diem Method: Assigning a daily value for pain and suffering and multiplying it by the number of days the victim is impacted.
Example Calculation
- Medical Expenses: $20,000
- Lost Wages: $10,000
- Pain and Suffering (using a multiplier of 3): $90,000
- Total Settlement Value: $120,000
The Role of Medical Evidence
Strong medical evidence is critical in nerve injury cases. This includes:
- Medical Records: Showing the diagnosis, treatment, and prognosis of the injury.
- Expert Testimony: From medical professionals who can explain the severity and impact of the injury.
- Imaging Studies: Such as MRIs or nerve conduction studies that visually demonstrate the injury.
Example of Strong Medical Evidence
A patient who suffered a severe nerve injury in their dominant hand may provide:
- MRI images showing the nerve damage.
- A surgeon’s testimony explaining that full recovery is unlikely.
- Physical therapy records demonstrating ongoing difficulty with basic tasks.
How a Lawyer Can Help Maximize Your Settlement
An experienced personal injury lawyer can significantly impact the value of your settlement by:
- Investigating the Cause: Identifying all potentially liable parties.
- Gathering Evidence: Including medical records, expert opinions, and witness statements.
- Negotiating with Insurance Companies: Ensuring you receive fair compensation.
- Calculating Damages: Accurately accounting for both economic and non-economic losses.
- Representing You in Court: If a fair settlement cannot be reached through negotiations.
Real-World Example
A factory worker suffered a severe nerve injury in their dominant hand due to a defective machine. Their lawyer gathered evidence showing that the manufacturer knew of the defect but failed to fix it. As a result, the worker received a $500,000 settlement, including compensation for lost wages, medical expenses, and pain and suffering.
How to Strengthen Your Nerve Injury Claim
- Seek Immediate Medical Attention: Document your injury and follow all treatment recommendations.
- Keep Records: Maintain copies of medical bills, treatment records, and correspondence with your employer.
- Document Daily Life Impact: Keep a journal of your symptoms and how they affect your daily activities.
- Avoid Speaking to Insurance Adjusters: Without legal representation, you may accidentally harm your case.
Steps to Take If You Are a Victim of Negligent Security
If you are injured or harmed due to negligent security, follow these steps to protect your rights:
- Report the Incident: Contact the police and file an official report.
- Seek Medical Attention: Prioritize your health and obtain medical documentation of your injuries.
- Gather Evidence: Take photos of the scene, note any broken security measures, and obtain witness contact information.
- Contact an Attorney: Speak with an experienced negligent security lawyer to discuss your case.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
