After a Massachusetts car accident, nerve damage is one of the most misunderstood injuries people face. Consider a driver who walks away from a crash believing they are only sore, only to wake up weeks later with burning pain in an arm, numbness in a leg, or weakness that makes routine tasks impossible. According to national trauma data, nerve injuries are present in a meaningful percentage of serious motor vehicle collisions, yet they are often overlooked in early treatment and insurance evaluations. In recent news coverage of distracted driving crashes across Massachusetts, physicians and attorneys alike have emphasized how delayed-onset injuries can derail recovery and finances. The question many injured drivers quietly ask is simple and urgent: if nerve damage changes my life after a crash, do I have the right to sue, and when does Massachusetts law allow that claim to move forward?
Understanding Nerve Damage After a Car Accident
Nerve damage occurs when trauma disrupts the nervous system’s ability to transmit signals between the brain and body. In car accidents, this often results from sudden force, compression, stretching, or penetration injuries. In Massachusetts collisions, nerve damage may arise even in crashes that appear moderate on the surface, particularly when seat belts, airbags, or rapid deceleration place stress on the spine and surrounding tissue. This means symptoms may not appear immediately, which complicates diagnosis and insurance reporting.
From a legal standpoint, nerve damage matters because it often produces long-term or permanent consequences. Chronic pain, loss of sensation, weakness, and reduced coordination can affect employment, independence, and mental health. Massachusetts personal injury law recognizes these impacts as compensable when the injury can be linked to another driver’s negligence.
Common Types of Nerve Injuries Seen in Massachusetts Car Accidents
Nerve injuries vary widely in severity and prognosis. Some resolve with treatment, while others lead to lasting impairment. Massachusetts car accident cases frequently involve the following categories of nerve trauma:
• Peripheral nerve injuries affecting arms, hands, legs, or feet, often tied to fractures or soft tissue damage
• Radiculopathy caused by spinal disc herniation compressing nerve roots, leading to radiating pain or numbness
• Brachial plexus injuries involving the network of nerves controlling shoulder and arm movement
• Traumatic neuropathy resulting from blunt force or crushing injuries during impact
Each type carries different medical and legal implications. What matters for a lawsuit is not only the diagnosis but how the injury affects daily life, work capacity, and future medical needs.
When Nerve Damage Meets Massachusetts’ Serious Injury Threshold
Massachusetts operates under a no-fault insurance system, which means most drivers initially turn to their own Personal Injury Protection benefits. However, the law allows injured individuals to step outside that system and sue the at-fault driver when certain criteria are met. Under Massachusetts General Laws Chapter 231, Section 6D, a person may pursue a bodily injury claim if they incur at least $2,000 in reasonable medical expenses or suffer a serious and permanent injury such as loss of a bodily function or permanent disfigurement. Nerve damage often satisfies this threshold when it results in ongoing pain, sensory loss, or functional impairment. This statute matters because it defines when a nerve injury becomes more than an insurance issue and enters the realm of a personal injury lawsuit. General Law - Part III, Title II, Chapter 231, Section 6D
Proving Negligence in a Massachusetts Nerve Damage Lawsuit
To succeed in a nerve damage car accident lawsuit in Massachusetts, the injured person must prove that another party’s negligence caused the injury. This requires showing that the other driver owed a duty of care, breached that duty, and directly caused the nerve damage. In real terms, this means connecting medical evidence to crash mechanics. For example, imaging studies, nerve conduction tests, and specialist evaluations help establish causation. Police reports, witness statements, and vehicle damage analysis often reinforce how the collision produced the injury. Massachusetts courts look closely at this evidence, especially when symptoms developed days or weeks after the crash.
Medical Documentation That Strengthens Nerve Injury Claims
Insurance companies frequently challenge nerve damage claims by arguing that symptoms are subjective or unrelated to the accident. Strong documentation counters that narrative. While every case is unique, successful Massachusetts nerve injury claims often include:
• Emergency room and follow-up records noting neurological complaints
• Diagnostic imaging such as MRIs showing disc or nerve involvement
• Electromyography or nerve conduction studies confirming impairment
• Treating physician or neurologist opinions linking the injury to the crash
This documentation transforms pain complaints into verifiable medical evidence, which is essential when negotiating or litigating a nerve damage lawsuit.
Massachusetts Comparative Negligence and Its Impact on Nerve Damage Claims
Massachusetts follows a modified comparative negligence rule under Massachusetts General Laws Chapter 231, Section 85. This law allows an injured person to recover damages as long as they are not more than 50 percent at fault for the accident, though compensation is reduced by their percentage of fault. For nerve damage cases, this statute is critical because insurers often attempt to shift blame to minimize payouts. Understanding how fault is assigned can make the difference between a viable claim and a denied one. General Law - Part III, Title II, Chapter 231, Section 85
Damages Available in a Massachusetts Nerve Damage Lawsuit
Nerve damage affects far more than immediate medical bills. Massachusetts law allows injured individuals to seek compensation for both economic and non-economic losses. These damages are intended to reflect the full scope of harm caused by the accident. In practice, this means looking beyond initial treatment and considering how the injury reshapes a person’s future. Compensation may address ongoing therapy, lost earning capacity, and the daily limitations imposed by chronic nerve pain or dysfunction.
Steps That Often Determine the Strength of a Nerve Damage Claim
Timing and strategy play a major role in nerve injury cases. While each situation differs, certain actions consistently influence outcomes in Massachusetts car accident claims:
- Seeking prompt medical evaluation when neurological symptoms appear, even if delayed
- Following through with specialist referrals and recommended testing
- Avoiding recorded insurance statements before understanding the legal implications
- Preserving evidence related to the crash and medical treatment
These steps help protect the integrity of the claim and reduce opportunities for insurers to dispute causation or severity.
Statute of Limitations for Nerve Damage Lawsuits in Massachusetts
Massachusetts imposes a strict deadline on personal injury lawsuits. Under Massachusetts General Laws Chapter 260, Section 2A, most car accident injury claims must be filed within three years of the date of the accident. Missing this deadline typically bars recovery entirely, regardless of injury severity. This statute is especially important for nerve damage cases because symptoms may evolve over time, tempting injured individuals to delay legal action. Understanding the deadline ensures rights are preserved while medical treatment continues. General Law - Part III, Title V, Chapter 260, Section 2A
Case Precedents Involving Nerve Damage After Massachusetts Car Accidents
Massachusetts courts have repeatedly recognized nerve injuries as serious and compensable when supported by medical evidence. In one notable appellate decision, the court upheld a substantial award for a plaintiff who suffered cervical radiculopathy after a rear-end collision, emphasizing the credibility of diagnostic testing and treating physician testimony. In another Massachusetts case involving a side-impact crash, the court affirmed damages for chronic neuropathic pain, rejecting the insurer’s argument that delayed symptoms undermined causation. These cases underscore a consistent principle in Massachusetts personal injury law: when nerve damage is medically substantiated and linked to a car accident, it can support significant compensation.
Why Insurance Companies Push Back on Nerve Injury Claims
Nerve damage claims are often contested because they can involve long-term care and high payouts. Insurers may argue that symptoms stem from pre-existing conditions or unrelated degenerative changes. In Massachusetts, this makes thorough medical analysis and legal advocacy essential. The law allows recovery even when an accident aggravates a pre-existing condition, as long as the crash worsened the injury. This concept frequently arises in nerve damage cases and can dramatically affect claim value when properly presented.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Nerve damage after a car accident can leave Massachusetts drivers facing uncertainty, pain, and financial strain long after the crash scene is cleared. These injuries often disrupt careers, family life, and long-term health, making it critical to understand when Massachusetts law allows you to step outside the no-fault system and pursue full compensation. Brandon J. Broderick, Attorney at Law has extensive experience handling Massachusetts car accident and nerve injury claims, helping clients document their injuries, challenge insurance defenses, and pursue the damages they deserve. If you are dealing with nerve damage after a Massachusetts auto accident and need clear guidance from an attorney who understands both the medical and legal complexities, now is the time to act.