A nerve damage claim is a claim for injury to the peripheral nerves, the network that carries signals between the spinal cord and the arms, legs, hands, feet and face, caused by an accident, a surgical or injection error, or another person’s negligence. It includes complex regional pain syndrome (CRPS), a chronic pain condition that can follow even a modest injury.
Blank Kim Injury Law handles nerve injury claims from our Fairfax office on Chain Bridge Road, which is open 24 hours. Attorneys Aaron Blank and Robert Kim are licensed in Virginia. Robert Kim speaks Korean, and our paralegal team speaks Spanish.
How nerves are injured
A peripheral nerve is a bundle of fibers wrapped in protective layers. Doctors describe injuries by how deep the damage goes, and the depth largely decides whether the nerve recovers.
| Type | What happens | Usual outlook |
|---|---|---|
| Neurapraxia | The nerve is bruised or compressed, and signals are blocked, but the fibers are intact. | Often recovers over weeks to months. |
| Axonotmesis | The inner fibers are damaged while the outer sheath survives. | Slow regrowth, often incomplete, sometimes needing surgery. |
| Neurotmesis | The nerve is cut or torn through completely. | No recovery without surgical repair or grafting, and function is often permanently reduced. |
Symptoms include numbness, tingling, burning or electric pain, weakness, muscle wasting, loss of coordination, and sensitivity to touch or temperature. Damage to a motor nerve can cause foot drop, a weak grip or a drooping face. Because nerves regrow slowly, the full picture often is not clear for a year or more, which is one reason not to settle early.
Common causes of nerve damage
Accidents
- Car and motorcycle crashes that stretch or tear the brachial plexus, the nerve network between the neck and the arm
- Fractures and dislocations that pinch or cut nearby nerves, such as the radial nerve in an upper arm fracture or the peroneal nerve at the knee
- Deep cuts from glass, metal or machinery, including hand injuries that sever the nerves to the fingers
- Crush injuries in construction and warehouse work
- Electrical injuries, which travel along nerves
- Herniated discs from rear-end crashes on I-66 and the Beltway that press on nerve roots
Medical care
- Nerves cut or stretched during surgery, such as the spinal accessory nerve in neck surgery or nerves damaged in hip and knee replacements
- Positioning injuries from a patient left too long in one position under anesthesia
- Injections given in the wrong place, including injections into or near the sciatic nerve
- IV and blood draw injuries to nerves in the arm
- A missed or delayed diagnosis of a compressing condition, such as cauda equina syndrome
Nerve injuries after a vaccine, such as shoulder injuries from a poorly placed shot or Guillain-Barré syndrome, generally go through a separate federal program rather than a lawsuit. See our vaccine injury page.
Complex regional pain syndrome (CRPS)
CRPS is a chronic pain condition, usually in an arm or leg, in which pain is far greater than the original injury would explain and spreads beyond it. It often follows a fracture, a sprain, surgery or a crush injury. Type 1 develops without a confirmed nerve injury, and Type 2 follows a known nerve injury.
Signs doctors look for include burning pain, extreme sensitivity to light touch, swelling, changes in skin color and temperature, sweating differences between limbs, changes in hair and nail growth, and stiffness. Physicians commonly diagnose it using a published set of clinical criteria that requires both reported symptoms and signs seen on examination.
Insurers challenge CRPS claims because there is no single test that confirms it. The claims that hold up are the ones with a clear medical timeline: the original injury, the first reports of disproportionate pain, a diagnosis by a pain management physician or neurologist, and consistent treatment such as physical therapy, nerve blocks, medication or spinal cord stimulation. Gaps in treatment are what adjusters look for.
Proving a nerve injury
Nerve damage is proved with specific tests and the physicians who interpret them. In a typical case we gather:
- Electromyography (EMG) and nerve conduction studies, which measure how well nerves carry signals and whether muscles have lost their nerve supply
- MRI or ultrasound imaging of the nerve, the spine or the surrounding structures
- Records from neurology, pain management, orthopedics and hand or plastic surgery
- Physical and occupational therapy records showing measured strength, sensation and function over time
- A symptom journal and statements from family and co-workers about what has changed
- Expert testimony from treating physicians and, when needed, independent physicians on cause and prognosis
When the injury came from medical care, Virginia requires a written opinion from a qualified expert witness supporting the claim before a malpractice suit is served, under Va. Code § 8.01-20.1. Virginia also measures a provider’s conduct against a statewide standard of care under Va. Code § 8.01-581.20.
What a nerve damage claim can include
Nerve injuries often affect work more than people expect. A delivery driver who cannot feel the pedal, a nurse who cannot grip, or a hairstylist with a burning hand can lose a career. A claim generally seeks:
- Medical care, including surgery, nerve blocks, stimulators, medication and therapy, now and in the future
- Lost wages and reduced earning capacity
- Pain and suffering, including chronic pain and the loss of sleep, activity and independence
- Help at home when daily tasks are no longer possible
- Mental health care for the depression and anxiety that chronic pain brings
Every case is different, and we do not predict values. In a medical malpractice case, Virginia caps total damages under Va. Code § 8.01-581.15, an amount adjusted each July 1.
Deadlines for nerve injury claims in Virginia
- Accident claims: generally two years from the injury, under Va. Code § 8.01-243(A).
- Malpractice claims: generally two years from the act of malpractice, with limited exceptions, which matters because nerve symptoms sometimes appear to be temporary at first.
- Vaccine claims: filed in the U.S. Court of Federal Claims under the National Vaccine Injury Compensation Program, generally within three years of the first symptom.
- Claims against a government: written notice within six months for a county, city or town, and one year for the Commonwealth. See our guide to government claim notice.
Virginia’s contributory negligence rule also applies to accident claims, so the facts of how you were hurt need to be pinned down early.
