In South Carolina, the average payout for nerve damage in a car accident in South Carolina is $10,000 to $1,500,000.
The wide range in potential compensation reflects the highly variable nature of nerve injuries. Your settlement amount will depend on several factors:
- Severity of nerve damage
- Location of the injury
- Impact on daily activities and quality of life
- Medical treatment required
- Long-term prognosis
- Insurance coverage limits
Our firm has secured substantial settlements for car accident victims, including:
- $1,124,615 Jury Verdict: Head-On DUI collision with serious injuries
- $1,025,000 Settlement: Rear-End Tractor-Trailer Collision
- $1,000,000 Settlement: DUI collision with moderate injuries
Expert legal advice for your injury claim
If you’ve suffered nerve damage in a South Carolina accident, you must meet two essential criteria to pursue compensation:
- You must have documented injuries resulting from the crash
You must file within South Carolina’s statute of limitations, which is three years from the date of the accident according to the South Carolina Judicial Branch
Every nerve damage case presents unique challenges and circumstances. Our attorneys at Jamie Casino Injury Attorneys will evaluate your specific situation and develop a tailored legal strategy to maximize your compensation.
Nerve damage can cause lifelong pain and disability. Our Columbia personal injury lawyer is ready to fight for the compensation you need for medical care and lost wages.
Nerve damage compensation in more detail
Nerve damage settlements vary significantly based on the type and location of the injury. The following table summarizes potential settlement ranges for various nerve injuries in South Carolina:
| Type of Nerve Damage | Average Settlement Range |
|---|---|
| Hand/Wrist Nerve Damage | $15,000 – $200,000 |
| Sciatic Nerve Damage | $50,000 – $750,000 |
| Permanent Nerve Damage | $150,000 – $1,500,000 |
| Surgical Nerve Damage | $75,000 – $500,000 |
| Neck Nerve Damage | $50,000 – $350,000 |
| Peroneal Nerve Damage | $25,000 – $275,000 |
| Dental Nerve Damage | $10,000 – $100,000 |
| Ulnar Nerve Damage | $20,000 – $250,000 |
| Piriformis Syndrome | $15,000 – $175,000 |
Nerve damage in hand
The average settlement for nerve damage in a hand in SC typically ranges from $15,000 to $200,000.
Hand nerve injuries can be particularly devastating as they may impact your ability to work, perform daily activities, and maintain independence. Carpal tunnel syndrome, median nerve injuries, and digital nerve damage all fall into this category. Settlements tend to be higher when the dominant hand is affected or when the victim works in a field requiring manual dexterity.
Sciatic nerve damage
The average sciatic nerve damage settlement in SC typically ranges from $50,000 to $750,000.
Sciatic nerve injuries affect the longest nerve in the body, running from the lower back through the hips and down each leg. These injuries often result from severe car accidents or motorcycle crashes that cause lumbar spine damage. Symptoms may include debilitating leg pain, weakness, numbness, and difficulty walking. Higher settlements are awarded when the victim experiences permanent mobility limitations or chronic pain requiring ongoing treatment.
Permanent damage
Typical permanent nerve damage settlement amounts are $150,000 to $1,500,000.
Permanent nerve damage represents the most serious category of nerve injuries. When nerves are severed or damaged beyond repair, victims may face lifelong disability, chronic pain, and significant lifestyle limitations. These cases often involve complex medical testimony to establish the permanent nature of the injury and typically result in the highest settlement amounts, especially when the victim is young and facing decades of impairment.
What is the average settlement for nerve damage from surgery?
Compensation for nerve damage after surgery in South Carolina typically ranges from $75,000 to $500,000.
Iatrogenic (surgery-related) nerve damage presents unique legal challenges as it may involve medical malpractice elements in addition to personal injury claims. These cases require establishing that the nerve damage resulted from negligence rather than a known surgical risk. Settlements tend to be substantial when the surgical error was preventable and has caused significant impairment to the patient’s function or quality of life.
Nerve damage in the neck
A typical settlement for nerve damage in the neck is from $50,000 to $350,000.
Neck nerve injuries, including cervical radiculopathy and spinal accessory nerve damage, often result from whiplash in rear-end collisions. These injuries can cause radiating pain, numbness in the arms and shoulders, headaches, and reduced range of motion. Settlement values increase when the injury affects multiple nerve roots or when the victim requires surgical intervention such as cervical fusion.
Peroneal nerve damage
An average peroneal nerve damage settlement ranges from $25,000 to $275,000.
Peroneal nerve injuries affect the nerve running along the outside of the knee and up to the lower spine. Damage often results in foot drop (inability to lift the front part of the foot), difficulty walking, and numbness or weakness in the affected leg. These injuries frequently occur in side-impact collisions where the knee strikes the door panel. Settlements are typically higher when the victim requires assistive devices for mobility or cannot return to their previous occupation.
How much compensation for dental nerve damage
Dental nerve injuries often occur when facial trauma in accidents damages the trigeminal nerve branches. Symptoms may include persistent pain, numbness in the mouth or face, and difficulty with oral functions. While these settlements tend to be lower than other nerve injuries, they can still be substantial when the damage causes chronic pain requiring ongoing dental and neurological treatment.
Ulnar nerve
Typical ulnar nerve injury car accident settlements tend to be from $20,000 to $250,000.
Ulnar nerve damage affects the nerve running from the neck to the hand, controlling most hand muscles and providing feeling to the ring and little fingers. These injuries often result from direct trauma to the elbow (cubital tunnel) or wrist (Guyon’s canal) during accidents. Settlement values increase with the severity of symptoms, which may include hand weakness, coordination problems, and a characteristic “claw hand” deformity in severe cases.
Piriformis syndrome
Average piriformis syndrome car accident settlement are from $15,000 to $175,000.
Piriformis syndrome occurs when the piriformis muscle in the buttock compresses the sciatic nerve, often due to trauma from a car accident. This condition causes buttock pain, sciatica-like symptoms, and difficulty sitting for long periods. While generally less severe than direct nerve damage, settlements can still be substantial when the condition becomes chronic and resistant to treatment, affecting the victim’s ability to work or perform daily activities.
Car accidents can cause severe nerve damage, leading to chronic pain or even paralysis. Our Columbia car accident attorney will fight for the full compensation you deserve.
How to maximize a settlement amount
- Seek immediate medical attention: Document your injury from the beginning with thorough medical evaluations and follow all treatment recommendations.
- Maintain detailed records: Keep comprehensive documentation of all medical visits, treatments, medications, and how the injury affects your daily life.
- Work with medical experts: Specialized neurologists or nerve injury experts can provide critical testimony about the extent and permanence of your nerve damage.
- Calculate all damages correctly: Include all past and future medical expenses, lost wages, reduced earning capacity, and pain and suffering in your claim.
- Don’t accept early offers: Insurance companies often make quick, low settlement offers before the full extent of nerve damage is known.
- Consult our experienced attorneys: Our team has extensive experience with nerve damage cases and will ensure you receive fair compensation.
Factors influencing nerve damage settlement amounts
Several key factors determine the value of your nerve damage settlement:
- Injury severity and permanence
- Required medical treatments
- Impact on earning capacity
- Age and pre-accident health
- Pain and suffering
- Insurance policy limits
Injury severity and permanence
The severity of nerve damage exists on a spectrum from mild temporary symptoms to catastrophic permanent impairment. Neuropraxia (temporary compression) might heal completely within weeks or months, resulting in lower settlements.
Neurotmesis (complete nerve severance) often causes permanent disability even with surgical intervention, commanding settlements in the upper ranges. Medical imaging, nerve conduction studies, and expert testimony establish the severity and permanence of your injury, directly influencing compensation.
The presence of complications like Complex Regional Pain Syndrome (CRPS) or autonomic dysfunction significantly increases settlement values due to their debilitating and often permanent nature.
Required medical treatments
Nerve damage treatments range from conservative approaches like physical therapy and medication to complex microsurgery and implanted nerve stimulators.
More invasive and expensive treatments generally correlate with higher settlements. Surgeries like nerve grafting or transposition particularly boost compensation due to their cost, recovery time, and additional risks.
Future medical needs also significantly impact settlements. If you’ll require ongoing care, medication, assistive devices, or future surgeries, these expenses must be calculated and included in your claim with the help of medical and economic experts.
Impact on earning capacity
Nerve damage often diminishes a victim’s ability to work, either temporarily or permanently.
A construction worker with ulnar nerve damage may be unable to grip tools effectively. A surgeon with hand nerve damage might be forced to abandon their career entirely. An office worker with sciatic nerve damage might require workplace accommodations or reduced hours.
Our experts can testify about how your specific nerve injury impacts your occupation, factoring in your education, training, and previous earnings. Young victims facing decades of diminished earning capacity typically receive higher settlements than older individuals nearing retirement.
Age and pre-accident health
Your age and pre-accident health condition significantly influence nerve damage settlements. Younger victims generally receive higher compensation because they:
- Face more years living with the injury
- Will incur medical expenses over a longer period
- Have more working years affected by diminished earning capacity
- May experience greater psychological impact from long-term disability
Pre-existing conditions can complicate cases, as insurers may argue that symptoms resulted from these conditions rather than the accident. However, South Carolina follows the “eggshell plaintiff” doctrine, meaning defendants take victims as they find them. If the accident aggravated a pre-existing condition, you’re still entitled to compensation for that worsening.
Pain and suffering
Nerve damage often causes debilitating pain that medication can’t fully address. The burning, electric, stabbing sensations characteristic of neuropathic pain can be more distressing than the functional limitations of the injury.
Documentation from pain management specialists, personal pain journals, and testimony from family members about your daily suffering strengthen your claim for non-economic damages.
The psychological impact of nerve damage, including anxiety, depression, sleep disturbance, and reduced quality of life, also factors into pain and suffering calculations. Mental health treatment records and expert testimony from psychologists help quantify these less visible but equally real consequences.
Insurance policy limits
In South Carolina, the minimum required auto insurance liability coverage is just $25,000 per person for bodily injury.
This amount is utterly inadequate for serious nerve damage cases, which is why identifying all possible insurance coverage becomes essential. This may include:
- The at-fault driver’s policy
- Your own underinsured motorist coverage
- Umbrella policies
- Commercial policies (if a company vehicle was involved)
- Third-party liability (vehicle manufacturers, road maintenance entities, etc.)
When multiple insurance policies apply, settlements can exceed the primary policy’s limits. Our attorneys excel at identifying all potential sources of compensation to ensure your settlement reflects the true value of your case.
South Carolina car accident laws affecting settlements
South Carolina’s legal framework directly impacts nerve damage settlements through several key provisions.
Comparative negligence rule
South Carolina follows a “modified comparative negligence” rule with a 51% threshold. If you’re partially responsible for the accident, your compensation will be reduced by your percentage of fault.
For example, if you’re found 20% at fault and have damages of $100,000, you’ll receive $80,000. However, if you’re found 51% or more at fault, you cannot recover any compensation.
This rule makes it essential to build a strong case establishing the other party’s primary responsibility for the accident. Insurance companies often attempt to shift blame to minimize payouts, which is why having experienced legal representation is essential.
South Carolina’s comparative negligence standard applies to all elements of damages, including medical expenses, lost wages, and pain and suffering. Evidence like police reports from the South Carolina Highway Patrol, witness statements, accident reconstruction, and traffic camera footage helps establish fault percentages.
Statute of limitations
South Carolina imposes a three-year statute of limitations for personal injury claims, including nerve damage from car accidents. This period begins on the date of the accident.
Missing this deadline typically means permanently losing your right to compensation, regardless of how severe your injuries are. Limited exceptions exist, such as when the victim is a minor or mentally incapacitated, but these are narrowly applied.
The discovery rule may apply in some nerve damage cases where symptoms weren’t immediately apparent. However, courts generally expect victims to take reasonable steps to investigate potential injuries after an accident.
Three years may seem like ample time, but building a strong nerve damage case requires extensive medical documentation, expert testimony, and legal preparation. Starting the process early ensures you don’t lose valuable evidence or witness recollections.
Required insurance coverage
South Carolina law requires all drivers to carry minimum liability insurance of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
Additionally, insurers must offer uninsured motorist (UM) coverage equal to the liability limits, which drivers can reject in writing, according to the South Carolina Department of Insurance. Similarly, underinsured motorist (UIM) coverage must be offered but can be declined.
These minimum coverage amounts are often insufficient for serious nerve damage cases. According to the South Carolina Department of Insurance, approximately 9.4% of South Carolina drivers are uninsured, making UM/UIM coverage particularly important.
When multiple vehicles are involved in an accident, multiple policies may provide coverage. South Carolina law allows “stacking” of certain insurance policies, potentially increasing available compensation beyond individual policy limits.
The process for nerve damage settlement cases
- Initial consultation and investigation: We evaluate your case, gather preliminary evidence, and identify all potentially liable parties and insurance policies.
- Medical evaluation and documentation: Specialized medical professionals assess your nerve damage, providing essential documentation of your injury’s extent, treatment needs, and prognosis.
- Demand package preparation: We compile comprehensive documentation including medical records, expert opinions, economic analysis, and a detailed settlement demand letter.
- Negotiation with insurers: Our attorneys negotiate with insurance companies, countering lowball offers with evidence-based arguments for fair compensation.
- Litigation if necessary: If negotiations don’t yield fair compensation, we file a lawsuit, conduct discovery, depose witnesses, and prepare for trial while remaining open to favorable settlement offers.
- Case resolution: Whether through settlement or trial verdict, we work to secure the maximum compensation for your nerve damage injuries.
How we can help
At Jamie Casino Injury Attorneys, we understand the devastating impact nerve damage can have on your life. Our experienced team brings:
- In-depth knowledge of nerve injury cases and their appropriate valuation
- Access to top medical experts who can accurately document and testify about your condition
- Skill in identifying all available insurance coverage to maximize your compensation
- Proven track record of successful verdicts and settlements for serious injury cases
- Commitment to personalized attention for every client
If you’ve suffered nerve damage in a South Carolina accident, contact us today for a free, no-obligation consultation. We work on a contingency basis, meaning you pay nothing unless we win your case.
If you’ve suffered nerve damage in an accident, you deserve justice. Call (912) 499-2765 or contact us online to discuss your case.
FAQs
How much compensation can I expect for nerve damage in my hand?
Hand nerve damage settlements in South Carolina typically range from $15,000 to $200,000, depending on severity, treatment required, and impact on your ability to work and perform daily activities.
Is there a cap on pain and suffering damages in South Carolina?
South Carolina does not impose caps on non-economic damages (pain and suffering) in most personal injury cases, unlike some states. This allows for fair compensation based on your actual suffering.
How long do I have to file a nerve damage lawsuit in South Carolina?
You must file within three years of the accident date under South Carolina’s statute of limitations. Missing this deadline typically means losing your right to compensation permanently.
Will my case go to trial or settle out of court?
While most nerve damage cases settle before trial, we prepare every case as if it will go to court. This thorough approach often results in higher settlement offers from insurance companies.
How are future medical needs calculated in nerve damage settlements?
We work with medical and economic experts to project your future treatment needs, including surgeries, therapy, medications, and assistive devices, ensuring your settlement covers long-term care costs.