The jarring impact of a car accident can leave behind a host of injuries, some immediately apparent and others that reveal themselves over time. Among the more insidious and debilitating of these is nerve damage. Unlike a broken bone that can be set and healed, nerve injuries can lead to chronic pain, loss of function, and a significant decline in your quality of life. If you've sustained nerve damage from a car accident in Ohio, you may be facing a long and challenging road to recovery, paved with medical bills and uncertainty. The good news is that Ohio law provides a pathway to seek compensation for these profound losses. This article will explore the circumstances under which you can sue for nerve damage after a car accident in Ohio and how an experienced attorney can fight for the compensation you deserve.

Understanding Nerve Damage Following a Car Accident in Ohio

Nerve damage, or peripheral neuropathy, occurs when the intricate network of nerves that transmit signals between your brain and the rest of your body is injured. In the high-impact environment of a car crash, nerves can be stretched, compressed, or even severed. The consequences can range from a persistent tingling sensation to complete paralysis of a limb.

There are three primary types of nerves that can be affected in a car accident:

• Autonomic Nerves: These nerves control the involuntary functions of your body, such as heart rate, blood pressure, and digestion. Damage to these nerves can lead to a wide array of systemic issues.
• Motor Nerves: Responsible for controlling your muscles, motor nerve damage can result in weakness, muscle atrophy, and a loss of mobility. Everyday tasks like writing or walking can become monumental challenges.
• Sensory Nerves: These nerves are your body's information highway for sensations like pain, touch, and temperature. Injury to sensory nerves can cause a spectrum of symptoms, from numbness and tingling to a heightened, unrelenting pain.

The symptoms of nerve damage are not always immediate. It can take days, weeks, or even months for the full extent of the injury to become apparent. This is why seeking a thorough medical evaluation after any car accident is paramount, even if you don't feel seriously hurt at the scene.

Common Signs of Nerve Damage After a Car Accident in Ohio

After a collision, be attentive to any new or unusual physical sensations. Here are some of the more common indicators of potential nerve damage:

• Radiating Pain: Pain that travels from the point of injury to other parts of your body, such as pain shooting down your arm or leg.
• Numbness and Tingling: Often described as a "pins and needles" sensation, this can be a sign of nerve compression or damage.
• Muscle Weakness: Difficulty gripping objects, lifting your arms, or a feeling of instability when walking can point to motor nerve involvement.
• Increased Sensitivity: An exaggerated response to touch or temperature can indicate that sensory nerves have been affected.
• Twitching or Muscle Spasms: Involuntary muscle movements can be a symptom of nerve irritation or damage.
• Partial or Complete Paralysis: In the most severe cases, nerve damage can lead to a loss of function in a limb or other parts of the body.

If you experience any of these symptoms, it is essential to consult with a medical professional who specializes in nerve injuries, such as a neurologist. A proper diagnosis is the first step in both your medical recovery and any potential legal action.

Can I Sue for Nerve Damage After a Car Accident in Ohio?

The ability to sue for nerve damage after a car accident in Ohio hinges on the legal principle of negligence. To have a valid personal injury claim, you and your legal team must demonstrate that another party—typically the other driver—acted negligently and that their negligence was the direct cause of your injuries.

The four elements of negligence that must be established are

1. Duty of Care: Every driver on an Ohio roadway has a legal obligation to operate their vehicle with reasonable care to avoid harming others. This includes obeying traffic laws, paying attention to their surroundings, and driving at a safe speed.
2. Breach of Duty: This occurs when a driver fails to uphold their duty of care. Examples of a breach of duty include distracted driving, driving under the influence of alcohol or drugs, speeding, or running a red light.

• Causation: You must prove that the other driver's breach of duty was the direct and proximate cause of the accident and your resulting nerve damage. This often requires expert medical testimony to link the specifics of the collision to your particular nerve injury.
• Damages: Finally, you must have incurred actual damages as a result of your injuries. These can be economic, such as medical expenses and lost wages, or non-economic, such as pain and suffering.

The Importance of Hiring a Car Accident Attorney in Ohio After Suffering Nerve Damage

Navigating the complexities of a personal injury lawsuit, especially one involving the nuances of nerve damage, is a formidable task for someone without legal training. An experienced car accident attorney in Ohio can be your most valuable asset in this process. They will handle all aspects of your case, from gathering evidence and negotiating with insurance companies to representing you in court if a fair settlement cannot be reached.

Your attorney will work to build a compelling case by

• Thoroughly investigating the accident: This includes obtaining the police report, interviewing witnesses, and, if necessary, hiring accident reconstruction experts.
• Collecting and analyzing medical records: They will work with your doctors to understand the full extent of your nerve damage and its long-term prognosis.
• Calculating the full value of your claim: This goes beyond just your current medical bills and includes future medical needs, lost earning capacity, and the profound impact the injury has had on your life.
• Engaging in skillful negotiations: Insurance companies are notorious for undervaluing claims, especially those involving long-term injuries like nerve damage. A seasoned attorney will not be intimidated and will fight for the compensation you deserve.

Statute of Limitations for Ohio Car Accident Nerve Damage Lawsuits

There is a time limit for filing a personal injury lawsuit in Ohio, known as the statute of limitations. For most car accident claims, you have two years from the date of the accident to file a lawsuit. If you fail to file within this timeframe, you will likely lose your right to seek compensation for your injuries.

While two years may seem like a long time, it is important to act quickly. Building a strong case takes time, and evidence can disappear, and memories can fade. Contacting a car accident lawyer in Ohio as soon as possible after your accident will ensure that your legal rights are protected.

Compensation Available for Nerve Damage Claims in Ohio

A successful lawsuit for nerve damage after a car accident can result in compensation for a wide range of losses. These damages are typically categorized as economic and non-economic.

Economic Damages

These are the tangible financial losses you have incurred as a result of your injury. They can be calculated with a degree of certainty and include:

• Medical Expenses: This encompasses all costs related to your medical care, including hospital stays, surgeries, doctor's visits, prescription medications, physical therapy, and any necessary medical devices.
• Future Medical Costs: Nerve damage often requires ongoing medical treatment. Your attorney will work with medical experts to project the cost of your future care.
• Lost Wages: If you have been unable to work due to your injuries, you can be compensated for the income you have lost.
• Loss of Earning Capacity: If your nerve damage prevents you from returning to your previous job or limits your ability to earn a living in the future, you can seek compensation for this loss of earning potential.

Non-Economic Damages

These damages are more subjective and are intended to compensate you for the intangible losses you have suffered. While they don't have a specific price tag, they are a very real and significant part of your claim. Non-economic damages include:

• Pain and Suffering: This compensates you for the physical pain and emotional distress you have endured as a result of your injuries.
• Loss of Enjoyment of Life: If your nerve damage prevents you from participating in activities you once enjoyed, such as hobbies, sports, or spending time with your family, you can be compensated for this loss.
• Emotional Distress: This can include anxiety, depression, and other psychological impacts of your injury.
• Loss of Consortium: In some cases, the spouse of an injured person can file a claim for loss of consortium, which compensates them for the loss of companionship, support, and intimacy.

The Unique Challenges of Proving Nerve Damage After a Car Accident in Ohio

Nerve damage claims can be more complex to prove than other types of personal injury claims. Unlike a broken bone that is clearly visible on an x-ray, nerve damage is often an "invisible" injury. This can make it more challenging to convince an insurance company or a jury of the severity of your condition.

To overcome this challenge, your car accident attorney in Ohio will rely on a variety of evidence, including

• Expert Medical Testimony: The testimony of a neurologist or other medical expert is often essential in a nerve damage case. They can explain the nature of your injury, how it was caused by the accident, and the long-term impact it will have on your life.
• Diagnostic Tests: While nerve damage may not show up on a standard x-ray, there are other diagnostic tests that can be used to document the injury. These include electromyography (EMG) and nerve conduction studies (NCS).
• Your Personal Testimony: Your own account of how the injury has affected your daily life is a powerful piece of evidence. Keeping a personal injury pain journal that documents your pain levels, limitations, and emotional state can be very helpful.

For anyone who has suffered nerve damage after a car accident in Ohio, it is strongly recommended to consult with a car accident attorney promptly. This will help maximize your ability to pursue compensation.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you have suffered nerve damage in a car accident in Ohio, you don't have to face the legal system alone. The dedicated team at Brandon J. Broderick, Attorney at Law, has the experience, resources, and compassion to help you navigate this challenging time. We understand the profound impact that a serious injury can have on every aspect of your life, and we are committed to fighting for the justice and compensation you deserve.

We invite you to contact us for a free, no-obligation consultation. We will listen to your story, answer your questions, and provide you with a clear understanding of your legal options. Our attorneys in Ohio who handle car accidents are available to assist you day or night.