What’s the average payout for nerve damage in Australia?

2 March 2023

Gerard Malouf

If you suffer from nerve damage, you know the debilitating pain that it can cause. This kind of pain can prevent the person who experiences it from living their life to the fullest. The feeling is even worse when the nerve damage is the result of an accident or is otherwise preventable in any way.

Going into a lawsuit can seem overwhelming, but it often is the only way to get the injury compensation you deserve. Luckily, you don’t have to do it alone. The experts from Gerard Malouf & Partners can offer a helping hand. This article will also give you a good starting point and will help you understand what kind of payout you could potentially receive.

Average compensation for nerve damage

Compensation is supposed to help cover some of the most expensive parts of the accident, which includes potential medical expenses, rehabilitation and might also help with some of the income that was lost as a result of the damage. A payout can come in the form of a lump sum payment or weekly benefits — sometimes both depending on the circumstances of your case.

There are different kinds of compensation that someone can get depending on their situation and how the nerve damage was caused. Another factor at play is where the lawsuit and accident occurred. Different states have varying rules and laws that will determine the outcome of the case. They will look at how much pain and suffering was caused or if any permanent disability occurred.

A victim can make several different kinds of claims, depending on how they got the nerve damage in the first place. Here are some examples of what payouts GMP Law can help you achieve:

Medical negligence: If you arrived at a medical institution, and the professionals did not treat your injury well enough, resulting in further injury.
- Average payout: $170k-700k+ ($6 million+ for large cases)
Public liability: If you were injured in a public place like slipping on the floor at a hair salon.
- Average payout: $80-700k+
Workers compensation: If you’re injured on the job, whether from physical injury or psychological trauma.
- Average payout: $150-600k+
Motor vehicle accident: This will depend on the level of fault and the state you live in, but you can often file a Compulsory Third Party (CTP) claim for compensation if you have been involved in a car accident.
- Average payout: $60-800k+

Depending on the situation that causes the nerve damage, you can file different kinds of claims, which will result in different kinds of payouts. For example, if your pain was the result of an accident that happened at work, you would most likely file a workers compensation claim.

Personal injury law treatment of nerve damage

Personal injury payout varies depending on what kind of damage and the extent of the nerve injury or or of the multiple injuries. There are a few factors at play that you can use to help determine the compensation amount that the victim receives.

Types of nerve damage

The amount of damage can be an important factor when it comes to compensation. That’s why your doctors need to assess the injury and evaluate what kind of nerve damage has occurred. Types of nerve damage include:

Avulsion: This is one of the worst cases of nerve damage, which is when the nerve roots are torn away from a spinal cord.
Stretching: When the nerve damage is the result of nerve stretching, tearing or bruising, including the tissue around the nerve.
Rupture: If the tearing is so severe, it may actually tear into two.
Blockage: Sometimes there may be nerves that are blocked by pressure. When this happens, the brain can’t send or receive signals to the body.

When the medical professional gives a diagnosis, the lawyers are able to put together a reliable claim based on the individual situation. When it comes to nerve damage, evidence is valuable. Let’s take a look at what goes into making a pinched nerve compensation claim.

Evidence

One of the most important things that contribute to the injury claim is the evidence that you can gather to prove your case. Here are some of the things that your lawyers and yourself should work to include in the claim:

Test results that prove the nerve impairment.
Medical bills from the specialty tests.
Proof of doctor’s appointments.
Witnesses to prove your accident.
Proof of economic damages.
Proof of loss of income or lost wages.

If you need help gathering these documents and pieces of evidence, your lawyers can help you get them together. This is why it’s so important to go to the doctor and make other arrangements as soon as you suspect nerve damage. For example, permanent impairment due to nerve damage deserves compensation for a wide variety of damages. However, even a relatively small amount of nerve damage can qualify for a compensation claim.

How to file a successful compensation claim

Results may vary, but if you have suffered from an accident that caused nerve damage, you should begin the claims process as soon as possible. Here are the basic steps when it comes to filing a successful compensation claim:

Report your injury to the appropriate authority and your insurer.
Seek medical attention.
File the injury claim.

Your legal team will be able to guide you in the right direction and help strengthen your personal injury claim with the right pieces of evidence and help you make sure that all the deadlines are met.

How long does it take to receive an offer of compensation?

In most situations, it usually takes two weeks or up to 28 days to process, and between six weeks to 12 months to receive your compensation payout. As with most of these claims, the results vary depending on the situation and the location of the claim.

Australians suffering from nerve damage

Nerve damage is common in Australia, so if you are suffering, you aren’t alone. Nerve pain affects 1 in 20 Australians and can be extremely debilitating. However, you don’t have to continue without any kind of compensation. Here are some examples of compensation claims that have been successful with the help of Gerard Malouf & Partners:

Sydney woman settles a claim for nerve damage caused by poor operative position for $150,000

A young lady from central Sydney attended her gynaecologist following the development of severe abdominal pain. She was taken by ambulance to a major Sydney hospital where her gynaecologist conducted an emergency laparoscopic exploration.

During this procedure, she was placed in a lithotomy position which is a supine position of the body with the legs separated, flexed and supported in raised stirrups. After the procedure happened, the young lady began to have periods of shooting pain up and down her left leg. This is something that she had not experienced previous to the operation.

The pain only got worse over time, and it seriously impacted aspects of her social, domestic, and professional and academic life. It was a severe hindrance in her living her day-to-day activities. It got to the point where she began to seek legal counsel and she approached Gerard Malouf & Partners because she suspected that it was the result of her previous operation.

A Senior Solicitor with over 30 years of experience, took charge of her case. After this, it was established her leg positioning and use of stirrups had actually injured her sciatic nerve. The GMP Law team was able to quickly seek the opinion of experts in the field, including doctors and other medical professionals.

After the expert advice was taken, the team was able to find the initial problem. It was shown that the hospital and doctor were likely negligent — failing to properly position her leg and ensure it was not under undue pressure for an extended period of time. This was important information and evidence for us to provide the evidence to the Defendant’s solicitors. He then arranged for mediation to take place.

The entire team, including his specialist medical negligence team and an expert barrister, were able to negotiate with the defendant at the mediation. Because the team worked hard to gather the correct evidence, it was eventually settled for a compensation amount of around $150,000.00.

Work with the best

The process of filing a nerve damage compensation injury claim can seem complicated and overwhelming, especially when you have just been severely injured. This is where the experts at Gerard Malouf & Partners can come in with legal advice and guide you in the right direction. Are you ready to get started? You can do so by submitting an enquiry form online.

Gerard Malouf

Principal

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