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 often the result of a tissue injury. It is also common in injuries that involve the back, spine, or neck.
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Can I Sue If My Nerve Pain was Caused by a Botched Surgery?
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 failed surgery may also experience:
- Temporary or permanent loss of feeling or sensation in one or more areas of the body
- Loss of motor function
These types of lawsuit typically involve a medical malpractice legal theory, and require proof that the doctor or surgeon breached their duty of care to the injured party.
Similarly, 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.
For instance, if the injury was caused by a tainted batch of medicines, the person might sue under defective product laws. However, if the injury was caused by a pharmacy error, they might file suit under a malpractice theory of law.
What If My Nerve Damage was the Result of Someone’s Actions?
A person can often sue another party if their actions caused 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 negligence resulting in 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 owed a duty to them;
- The duty was breached;
- The defendant caused their nerve damage; and
- 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.