Car accidents can result in hidden injuries with long-term consequences—nerve damage is one of the most serious among them. In Vermont, knowing when you can file a lawsuit for nerve-related injuries after a crash depends on several legal and medical factors. This guide breaks down what victims need to know to protect their rights and pursue compensation.
Common Causes of Nerve Damage in Vermont Car Accidents
How Nerve Injuries Occur on Impact
Nerve damage often results from sudden trauma. In a car crash, the force of impact can compress, stretch, or sever nerves. Even a seemingly minor fender bender can cause whiplash, which may result in pinched nerves in the neck or spine. High-speed collisions increase the risk of severe injuries, including permanent neurological impairment.
Frequent Types of Accident-Related Nerve Damage
- Radiculopathy: Compression of spinal nerve roots, often from herniated discs
- Peripheral neuropathy: Damage to nerves in the limbs, typically causing pain or numbness
- Brachial plexus injuries: Damage to the nerves controlling the arm and shoulder
- Neuropraxia: Temporary loss of nerve function due to blunt force trauma
- Axonotmesis or neurotmesis: More severe forms that can cause long-term or permanent disability
Each of these may arise depending on how your body was positioned during impact and where the car was struck.
Symptoms That May Indicate Nerve Damage
Victims often dismiss early symptoms as general soreness. However, certain signs suggest deeper neurological harm:
- Tingling or “pins and needles” sensations
- Loss of muscle strength or coordination
- Numbness in arms, legs, hands, or feet
- Burning pain or sharp shooting discomfort
- Loss of bladder or bowel control (in severe spinal cord injuries)
Prompt medical evaluation is critical. Diagnostic tools like MRIs, nerve conduction studies, and EMGs can confirm damage and help build a case.
When Can You File a Lawsuit for Nerve Damage in Vermont?
The Legal Threshold in Vermont
Vermont follows a fault-based system for car accidents. This means you can pursue a personal injury lawsuit if another party was at fault and your injuries meet certain legal standards.
To pursue a lawsuit for nerve damage, you’ll need to establish three key points: that another party, such as a negligent driver, caused the accident; that the accident directly led to your nerve injury; and that the injury resulted in measurable damages. These damages may include medical expenses, lost income, ongoing treatment costs, and even a reduced quality of life.
Statute of Limitations
In Vermont, the statute of limitations for personal injury claims is three years from the date of the accident. Failing to file within this window can bar your right to compensation, regardless of how severe your injuries are.
Proving Nerve Damage in a Vermont Car Accident Claim
Documentation and Expert Opinions
Nerve damage doesn’t always show up on an X-ray. That makes documentation especially important. To support your case, you'll need:
- Medical records and diagnostic results
- Detailed physician reports linking the injury to the crash
- Testimony from neurologists or orthopedic specialists
- A consistent treatment history showing ongoing impact
Insurance Company Tactics
Insurers often challenge nerve damage claims, especially when symptoms are subjective. They may argue the injury:
- Was pre-existing
- Isn’t backed by objective imaging
- Doesn’t meet the threshold for pain and suffering compensation
This is why early and thorough documentation is essential—and why legal representation can make a major difference.
How Compensation Is Calculated for Nerve Injuries in Vermont
Economic and Non-Economic Damages
Nerve damage can significantly affect your life and ability to work. Compensation may include:
Economic damages
- Hospital visits and specialist care
- Physical therapy and rehabilitation
- Prescription medication
- Assistive devices
- Lost income and reduced future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
In Vermont, there is no cap on non-economic damages in personal injury claims, giving victims a broader range to seek appropriate compensation for long-term nerve damage.
Permanent Injury Considerations
If your nerve damage results in lasting impairment, the value of your claim may increase. Permanent disability can lead to lifetime care costs, ongoing therapy, and significant career impact. These factors are considered when determining a fair settlement or jury award.
The Role of Comparative Fault in Vermont Car Accident Lawsuits
Shared Responsibility May Affect Your Case
Vermont follows a modified comparative fault rule. If you are partially responsible for the crash, your compensation may be reduced. However, you can still recover damages as long as you were less than 51% at fault.
For example, if you are awarded $100,000 in damages but are found 20% at fault, your recovery would be reduced to $80,000.
Importance of Legal Strategy
This rule makes it vital to build a strong liability case. Defense attorneys may try to shift blame to reduce their client’s exposure. A skilled personal injury lawyer will gather crash scene evidence, witness statements, police reports, and expert reconstruction analysis to prove fault.
Steps to Take If You Suspect Nerve Damage After an Accident
- Seek immediate medical evaluation – Even if pain seems minor, nerve damage can worsen over time.
- Document everything – Keep detailed records of your symptoms, treatment, and communications with providers.
- Notify your insurer – Report the crash, but avoid recorded statements until speaking with a lawyer.
- Consult a personal injury attorney – An experienced Vermont attorney can help preserve evidence, navigate insurance claims, and evaluate your legal options.
Do You Need a Lawyer to Sue for Nerve Damage in Vermont?
You are not legally required to hire an attorney, but it is strongly recommended for complex injuries like nerve damage. These cases often involve:
- High medical costs and long-term impact
- Disputes over causation and severity
- Resistance from insurance companies to acknowledge non-visible injuries
A knowledgeable lawyer can work with medical experts, calculate full damages, and negotiate or litigate to maximize your compensation.
Conclusion
Nerve damage after a Vermont car accident is more than just a lingering ache—it can reshape your life. Filing a lawsuit may be the only way to recover the financial support you need for treatment, recovery, and future stability. But the success of your claim depends on timing, documentation, and a clear link between the accident and your injuries. By acting early and working with a legal advocate, you can give your case the foundation it needs to succeed.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.