Nerve Damage Lawyer in Louisville, Kentucky

• Radiculopathy: a pinched nerve root from a herniated disc in the neck or back, causing pain down an arm or leg. See neck injuries and herniated discs.
• Brachial plexus injuries: damage to the nerve network in the shoulder, from motorcycle crashes, falls or birth injuries. See Erb’s palsy.
• Peripheral nerve injuries: crush, stretch or laceration injuries to nerves in the arms, hands, legs or feet.
• Complex regional pain syndrome (CRPS): severe, lasting pain out of proportion to the original injury. See CRPS and chronic pain.
• Nerve injuries from procedures: during surgery, injections, IV placement or positioning.

Electromyography (EMG) and nerve conduction studies measure how nerves and muscles respond and can show where a nerve is damaged and how badly. MRI can show compression from discs or swelling. Neurologists, physiatrists and hand or spine surgeons often document function loss, strength testing and permanency. A daily pain journal helps show how symptoms affect work and life.

Nerves heal slowly, and some never fully recover. A doctor’s opinion that an injury is permanent matters in car crash cases, because permanent injury satisfies Kentucky’s no-fault threshold for pain and suffering (KRS 304.39-060(2)(b)). It also affects future medical costs and earning capacity.

Some nerve injuries are known risks of a procedure; others happen because the provider fell below the standard of care, for example by cutting or compressing a nerve, misplacing an injection or ignoring signs of compartment syndrome. Claims against physicians and hospitals generally must be filed within one year of when the injury was or reasonably should have been discovered (KRS 413.140) and require a certificate of merit (KRS 411.167). The statute’s five-year outside limit was held unconstitutional in McCollum v. Sisters of Charity of Nazareth Health Corp., 799 S.W.2d 15 (Ky. 1990). See surgical error claims.

Deadlines depend on how the injury happened. Most Kentucky motor vehicle claims must be filed within two years of the crash or the last PIP payment (KRS 304.39-230). Most other injury claims, including falls and medical malpractice, have a one-year deadline (KRS 413.140). Estimate yours with our statute of limitations calculator.