Nerve Pain Lawsuits
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What Is Nerve Pain?
Nerve pain, or neuropathic pain, is a chronic pain that happens when nerves located in the central nervous system are damaged or injured. The damaged or injured nerve fibers send signal to other pain centers in the body. These incorrect signals may change the nerve’s function at the site of the injury and around other areas of the body. This type of chronic pain is usually the result of a tissue injury.
Can I Sue If My Nerve Pain Was Caused by a Botched Surgery?
Yes. Damage to the nerves caused by a failed surgery is one of the most common medical negligence lawsuits. Individuals who usually experience nerve damage because of a surgery also experience:
- Temporary or permanent loss of feeling or sensation in one or more areas of the body
- Loss of motor function
What If Medication Caused My Pain?
An individual may sue if a medication caused their nerve pain. They can either bring a defective product personal injury lawsuit or a medical malpractice lawsuit, depending on the individual’s circumstances.
What If My Nerve Damage Was the Result of Someone’s Actions?
Yes, a person can sue someone for causing their nerve pain. The type of lawsuit depends on whether it was negligence or an intentional act. For instance, the victim can sue another driver if the nerve damage happened because of a car crash. They may also sue someone if that person caused the nerve pain through committing an intentional tort such as a battery.
What Do I Have to Prove for a Negligence Claim?
Nerve damage is frequently caused by the negligence of others in situations such as car accidents, medical malpractice, and defective products. Negligence is the failure to act as an ordinary person would have in the same or similar circumstances. A plaintiff must prove:
- The defendant had a duty to them
- The duty was breached
- The defendant caused their nerve damage
- The nerve damage needs to be compensated through damages
Should I Contact a Personal Injury Attorney Because of My Nerve Pain?
Nerve pain can be debilitating and long-lasting, leading to a need for compensation for the impact it can have on your life. You should contact a personal injury attorney to understand more about your rights to sue.
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Last Modified: 08-20-2015 12:30 PM PDT
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