Can I Recover Damages For Nerve Damage After A Crash?
Nerve damage following a motorcycle accident is a particularly complex injury, often leading to long-term complications and significant financial strain. Unlike a broken bone that visibly heals, nerve damage can manifest in a variety of debilitating ways – chronic pain, numbness, tingling, weakness, and even loss of function. These injuries frequently require extensive medical treatment, including physical therapy, nerve blocks, and potentially surgery, all of which can quickly accumulate substantial costs.
Successfully recovering damages for nerve damage hinges on establishing a clear link between the accident and the injury. This requires a thorough investigation, including a detailed review of your medical records, witness statements, and the police report. It’s crucial to demonstrate that the nerve damage wasn’t pre-existing or caused by a separate incident. Insurance companies will often scrutinize these claims, looking for any opportunity to minimize their liability. That’s where experienced legal counsel becomes invaluable.
As a personal injury attorney with over 13 years of practice in San Diego, I’ve helped countless motorcyclists navigate the complexities of these claims. I was trained by a former insurance defense attorney, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. I understand the tactics they employ and how to build a compelling case that maximizes your recovery.
How is nerve damage diagnosed after a motorcycle accident?
Diagnosing nerve damage typically involves a combination of physical examinations, imaging tests, and specialized studies. Physicians often use electromyography (EMG) and nerve conduction studies (NCS) to assess the function of the nerves and identify the extent of the damage. MRI or CT scans can help visualize any structural injuries that may be compressing or affecting the nerves. It’s important to follow your doctor’s recommendations for ongoing monitoring and treatment, as the full extent of nerve damage may not be immediately apparent.
Documenting the diagnosis and treatment plan is critical for your claim. Keep detailed records of all medical appointments, therapy sessions, and medications. Obtain copies of all imaging reports and test results. A clear and comprehensive medical record will strengthen your case and demonstrate the severity of your injury to the insurance company.
What types of damages can I recover for nerve damage?
Motorcycle accident victims with nerve damage may be entitled to recover a range of damages, including medical expenses (past and future), lost wages, pain and suffering, and diminished earning capacity. In some cases, you may also be able to recover damages for emotional distress, loss of enjoyment of life, and permanent disability. The specific amount of damages will depend on the severity of your injury, the impact on your daily life, and the extent of your medical treatment.
Calculating non-economic damages, such as pain and suffering, can be challenging. Insurance companies often use formulas based on the severity of the injury and the length of treatment. However, an experienced attorney can help you build a strong case that accurately reflects the full extent of your suffering and the impact on your quality of life.
What if the insurance company claims my nerve damage is a pre-existing condition?
Insurance companies frequently attempt to deny or minimize claims by arguing that the injury was pre-existing. To counter this tactic, it’s crucial to gather evidence that demonstrates the nerve damage was caused by the accident. This may include medical records from before the accident, witness statements, and expert testimony from your treating physician. Establishing a clear timeline of your symptoms and treatment is essential.
It’s important to remember that even if you had a pre-existing condition, the insurance company is still liable for any aggravation or exacerbation of that condition caused by the accident. An experienced attorney can help you navigate this complex legal issue and build a compelling case that proves the accident was the primary cause of your nerve damage.
How long do I have to file a lawsuit for nerve damage after a motorcycle accident?
In California, you have a limited time to file a lawsuit for personal injury resulting from a motorcycle accident. According to CCP § 335.1, you generally have **two years** from the date of the accident to initiate legal proceedings. Because evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim.
Waiting too long to file a lawsuit can result in the loss of your legal rights. It’s essential to consult with an attorney as soon as possible after the accident to understand your options and ensure you meet the applicable deadlines. Even if you are still undergoing medical treatment, it’s important to initiate the claim process to protect your rights.
What should I do if the at-fault driver is uninsured?
If the at-fault driver is uninsured, you may be able to recover damages through your own Uninsured Motorist (UM) coverage. Ins. Code § 11580.2 requires insurers to offer UM coverage, which provides protection in situations where the at-fault driver lacks insurance. The amount of coverage available will depend on the limits of your policy.
Navigating a UM claim can be complex, as you are essentially dealing with your own insurance company. It’s important to have an experienced attorney on your side to advocate for your rights and ensure you receive a fair settlement. They can help you understand the terms of your policy and build a strong case that maximizes your recovery.
