Can You Sue for Nerve Damage in Georgia?

Nerve damage can be one of the most serious injuries after an Atlanta accident. Unlike many injuries that improve with time, nerve injuries can cause chronic pain, numbness, weakness, loss of sensation, and permanent physical limitations. These symptoms can affect your ability to work, perform everyday tasks, and maintain the quality of life you enjoyed before the accident.

If you suffered nerve damage in an Atlanta motor vehicle crash, pedestrian accident, or slip and fall accident, you may have grounds to file a personal injury claim. The strength of your case will depend on factors such as how the injury occurred, the available medical evidence, and whether another party’s negligence caused your condition.

Can You Sue for Nerve Damage in Georgia?

You may be able to sue for nerve damage in Georgia when another person’s negligence caused your injury. Under O.C.G.A. § 51-1-2, a person is negligent if they fail to use the level of care that a reasonably careful person would use in the same situation. O.C.G.A. § 51-1-6 also provides that an injured person may recover compensation when another party’s breach of a legal duty causes damages.

To recover compensation, you generally must prove that another party owed you a duty of care, breached that duty, and that the breach caused your nerve injury and resulting damages. Whether your injury resulted from an Atlanta car accident, a fall on unsafe property, or another preventable incident, the central issue is usually whether the defendant’s conduct caused the injury.

Because nerve injuries are often invisible and may worsen over time, these claims frequently require more medical evidence than claims involving obvious physical injuries.

Is Nerve Damage Considered a Serious Injury?

Nerve damage can affect movement, sensation, strength, coordination, and overall function. Some victims experience persistent burning pain, tingling, numbness, muscle weakness, or loss of feeling in affected areas. Others develop permanent impairments that require ongoing treatment and lifestyle adjustments.

Unlike injuries that fully heal, serious nerve damage can continue affecting a victim for years. For that reason, nerve injuries are often associated with substantial personal injury claims when supported by strong medical evidence.

Establishing Proof of the Injury

Proving nerve damage is often one of the most important parts of a claim. Insurance companies may challenge these injuries by arguing that symptoms are not related to the incident or caused by a pre-existing condition.

Medical evidence commonly used to establish nerve damage includes medical records, neurological examinations, MRI studies, electromyography (EMG) testing, nerve conduction studies, physician opinions, and expert testimony. This evidence can help establish both the existence of the injury and the connection between the injury and the accident.

Unlike many injury claims, nerve damage cases often involve symptoms that cannot be seen with the naked eye, making medical documentation particularly important. In Atlanta nerve damage cases, the strength of the medical evidence often plays a major role in determining whether an insurance company offers fair compensation.

What Compensation Can You Recover?

Under O.C.G.A. § 51-12-4 and O.C.G.A. § 51-12-2, injured victims may recover compensation for both economic and non-economic losses resulting from their injuries.

A nerve damage claim may include compensation for medical expenses, future medical treatment, rehabilitation costs, lost wages, loss of future earning capacity, physical pain and suffering, mental and emotional suffering, and permanent disability or impairment. O.C.G.A. § 51-12-7 also allows injured victims to recover necessary expenses resulting from their injuries.

Because severe nerve injuries often require long-term care and may permanently affect a person’s ability to work and function normally, damages can be significant.

How Much Is a Nerve Damage Claim Worth?

There is no standard settlement value for a nerve damage claim in Georgia. The value of a case depends on factors such as the severity of the injury, the affected area of the body, the extent of permanent impairment, future medical needs, lost income, and the overall effect of the injury on daily life.

Claims involving chronic neuropathic pain, permanent numbness, loss of function, reduced mobility, or diminished earning capacity are often worth more than claims involving temporary injuries. The more substantial and permanent the consequences, the greater the potential value of the claim.

What If You Share the Blame?

Georgia has a comparative negligence rule under O.C.G.A. § 51-12-33. If you are less than 50 percent responsible for the accident, your compensation may be reduced by your percentage of fault. If you are 50 percent or more responsible, you generally cannot recover damages. Because insurance companies often attempt to shift blame to injured victims, fault can become an important issue in a nerve damage claim.

How Long Do You Have to File a Lawsuit in Georgia?

Most Georgia personal injury claims are subject to the statute of limitations found in O.C.G.A. § 9-3-33. Under that law, lawsuits generally must be filed within two years of the injury. Failing to file before the applicable deadline can prevent you from pursuing compensation. Acting quickly can also help preserve evidence and protect your claim.

Contact an Atlanta Georgia Nerve Damage Lawyer

Nerve damage can leave you with chronic pain, numbness, weakness, and loss of function that affects nearly every part of daily life. If someone else’s negligence caused your nerve injury in Atlanta, you may have the right to recover compensation for the physical, financial, and emotional consequences you now face.

When nerve damage affects your ability to work, care for your family, or live without chronic pain, choosing the right lawyer matters. Butler Kahn has recovered numerous multi-million-dollar verdicts and settlements in catastrophic injury cases, while maintaining a reputation for taking fewer cases and giving clients direct access to their lawyer. A lot of lawyers can fight. Our lawyers win. Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation with an Atlanta personal injury lawyer.

Matt Kahn

Matt Kahn is an Atlanta personal injury lawyer and a partner at the law firm Butler Kahn. Matt has dedicated his career to fighting for individuals and families who had been harmed by the negligence of others. At Butler Kahn, he has had the honor of helping families who have lost children in motor vehicle accidents and people who were critically injured. He helped a family secure a $45 million settlement to provide lifetime care for their son, who was critically injured in a motorcycle accident. Matt is a graduate of Emory University School of Law and has been recognized as a Super Lawyers’ Rising Star and by Best Lawyers as One to Watch. He has received an Avvo 10.0 Top Attorney rating. Connect with me on LinkedIn