Nerve Damage Attorney in Southern California
Filing a Personal Injury Claim in California
While nerve damage cases can be challenging and difficult to prove, they are not uncommon. The National Institute of Neurological Disorders and Stroke estimates that approximately 20 million Americans suffer from nerve damage. Victims often experience nerve pain due to an injury or medical negligence. Depending on the severity of the case, it may even lead to permanent disability.
Fortunately, there are Southern California nerve damage injury attorneys who know how to handle these cases. At KJT Law Group, we pride ourselves on doing all we can to ensure that our clients receive fair and realistic compensation, including any ongoing medical treatment and future medical care. If you or a loved one has been injured due to another person’s negligent behavior, a Southern California nerve damage lawyer from our firm can help.
What Are Some Common Examples of Nerve Damage?
Nerve damage is a condition that occurs when a nerve is severed, injected, or pinched by another object. It is a type of injury that may occur during an accident, another injury, or a botched operation. Types of nerve damage include:
- Nerve Crush: the severing or compression of a nerve by a bone, muscle, tendon, or other body parts.
- Lateral Geniculate Nucleus (LGN) Damage: a condition in which a nerve strand is severed, or a portion of it is removed.
- Brainstem Damage: including strokes, intracerebral hemorrhage, and other types of brain damage.
- Sensorineural Hearing Loss: caused by damage to the inner ear, especially where the cochlea is concerned.
- Cerebral Contusion: results from a facial or orbital bone fracture and may result from unintentional falls or autoerotic activity.
Nerve damage can be caused by an injury or medical malpractice with devastating consequences for the victim. Nerve damage can be caused by a variety of circumstances, including:
- Spinal cord injuries
- Head, neck, and back injuries
- Birth injuries and complications after childbirth
- Treatments for cancer, such as chemotherapy and radiation
- Pain management treatments
- Physical therapy, chiropractic care, injections, or an epidural
There are times when nerve damage occurs during surgery, due to the negligence of medical professionals who were in attendance. Nerve damage can also be caused by failing to diagnose a disease such as diabetes in its early stages or when a doctor gives the wrong medication. These are all examples of medical malpractice.
These are just some of the many ways nerve damage can happen. If you think you may be the victim of medical malpractice, a personal injury lawyer in Southern California can help determine whether you have grounds to sue.
In What Situations is Nerve Damage is Likely to Occur?
There is no singular situation that can be attributed to causing nerve damage. As mentioned before, it can be triggered by an injury, negligence, or sometimes both. For example, if you work in a factory, you may be at risk of nerve damage if your job requires heavy lifting. The heavy load can place a lot of pressure on your nerves and the surrounding tissue, resulting in nerve damage.
Another situation where nerve damage is more likely to occur is if you are involved in an accident. A car crash can result in nerve damage and other injuries such as broken bones and internal bleeding. The same can be said for slipping and falling or even getting into an altercation with another person, where you may sustain injuries from striking or being struck.
No matter how minor an injury may seem, there could be nerve damage that could lead to future complications. Additionally, there are situations where someone may be at risk of causing nerve damage due to carelessness. These include:
- Hiring a Careless Employee: Employees who don’t take precautions, such as wearing a safety helmet while riding a bike, using a hands-free phone while driving, or engaging in other potentially dangerous activities, may put others at risk on the job. As an employer, you can also be held liable for that employee’s actions.
- Workplace Accidents: In these situations, the negligence of others may lead to an injury. For example, an employer who fails to provide safe working conditions or provide safe equipment to work with may be at fault for a workplace injury.
- Defective Products: When a product is defective and causes an injury, a consumer may sue both the manufacturer and the retailer of the defective product for those injuries.
- Medical Negligence: In cases of medical negligence, a doctor or other healthcare provider can be held liable for a patient’s nerve injuries if they fail to provide appropriate care or if they fail to exercise reasonable skill and care for their patients. For example, if a doctor misdiagnoses a disease and puts the patient on the wrong medical regimen, that doctor can be held liable.
Why Is Nerve Damage So Hard to Prove?
While most people consider nerve damage to be the result of an injury, it can also be attributed to a person’s negligent conduct. Given this, the process of proving negligence is often challenging.
Typically, in a negligence case, one must prove that the defendant owed a duty of care to the plaintiff and that the breach of that duty caused injury to the plaintiff. There was a causal connection between the breach and the injury.
Unfortunately, proving such a connection can be difficult, if not impossible, for victims of nerve damage. For one thing, the person with nerve damage may not even know they’ve been harmed. A Southern California nerve damage attorney can investigate to find any available evidence that may exist regarding your nerve damage and its cause.
What are the Relevant Statutes Related to Nerve Damage Claims in California?
There are some statutes that regulate nerve damage claims in California. According to Code 3333.2, a person must be compensated for pain and suffering caused by medical negligence. In addition, the statute allows a patient to receive compensation for inconvenience, physical disfigurement, and incidental harm arising from medical negligence.
To prove this, you would need to demonstrate that you’ve been attended to by a health care provider who was professionally negligent. The law provides a cap of $250,000 for non-economic losses by any claimant.
The statute also allows an injured party to prove that they were treated by a health care provider, including physiotherapists and chiropractors. This expands the scope of medical practitioners beyond the traditional scope of nurses and doctors, so if your nerve damage was caused by a chiropractor, he or she could be held liable.
If a claimant can prove that these persons acted negligently, the plaintiff will be awarded monetary damages to compensate them for their injuries and losses.
What is the statute of limitations on Nerve Damage Claims?
California’s statute of limitations varies depending on the injury and how it occurred. For example, worker’s compensation claims and cases of professional negligence must be filed within one year, but medical malpractice suits may be filed within three years. A nerve damage attorney from our firm can determine exactly what the statute of limitations is for your particular case.
Are There Any Reported Nerve Damage Cases?
There are few nerve damage cases that have been fully litigated. The vast majority of medical negligence cases are settled before they reach trial.
One of the most famous cases is the Supreme Court decision of Flores v. Presbyterian Intercommunity Hospital. In sum, the plaintiff had been injured when a hospital bed collapsed. The plaintiff sued the hospital two years after the injury. However, the Supreme Court decided the case was one of professional negligence, which must be brought to court within one year of the injury occurring.
How Can a Lawyer Help With a Nerve Damage Case?
If you or a loved one has been injured due to the negligence of another person or business, a lawyer from our firm can fight hard on your behalf. A nerve damage attorney can make the process of filing claims easier and more streamlined while also fighting to secure the best settlement offer from the other parties.
Our attorneys at KJT Law Group have decades of combined legal experience representing clients in all personal injury cases throughout Southern California. We’re ready to represent you and do all we can to pursue the compensation you deserve.
We Can Help With Personal Injury in Southern California
If you suspect that you have nerve damage, contact a personal injury lawyer in Southern California immediately. Our nerve damage attorneys at KJT Law Group can work with you to learn about your situation and develop the best possible strategy to move forward with your case. Our goal is to help you pursue the fairest compensation under the law.
Call us at (818) 507-8525 or fill out our online contact form to schedule your free consultation.
If you or someone you love was injured due to another person’s negligence, contact KJT Law Group at (818) 507-8525 for a free consultation to discuss your legal rights and options.
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