Overview

Nerve injuries present unique challenges in personal injury litigation. Nerve damage often produces chronic, debilitating pain that is invisible to observers but profoundly disabling. CRPS, peripheral neuropathy, radiculopathy, and brachial plexus injuries can transform an apparently minor accident into a life-altering event.

These cases require specialized medical knowledge, targeted diagnostic testing, and careful presentation to overcome the skepticism that invisible injuries often face from adjusters and juries. This guide provides comprehensive guidance on nerve injury litigation.

Key takeaway
EMG/NCV studies provide critical objective evidence of nerve damage. CRPS is one of the highest-value diagnoses in PI but requires meticulous documentation under the Budapest criteria. Early treatment produces better outcomes. Life care planning is essential for chronic nerve pain conditions.

Types of Nerve Injuries

Peripheral neuropathy (sensory, motor, autonomic), radiculopathy (nerve root compression), brachial plexus injuries (C5-T1 network), post-traumatic carpal tunnel syndrome, and iatrogenic nerve injury from surgery. Severity ranges from neurapraxia (temporary, full recovery) to neurotmesis (complete severance, no recovery without surgery).

EMG/NCV Testing

The gold standard for objective nerve injury diagnosis. NCV measures conduction speed; EMG detects denervation in muscles. Testing should be done 3-6 weeks post-injury. Positive results dramatically increase case value by converting subjective complaints into objective findings.

Complex Regional Pain Syndrome

CRPS is diagnosed using the Budapest criteria: symptoms in 3 of 4 categories (sensory, vasomotor, sudomotor/edema, motor/trophic) and signs in 2 or more categories. Treatment includes physical therapy, medications, sympathetic nerve blocks, and spinal cord stimulators. Early aggressive treatment is critical.

Life Care Planning

Chronic nerve pain requires ongoing specialist visits, nerve pain medications, periodic therapy, interventional procedures, possible spinal cord stimulator ($75,000-$125,000 plus replacements), and psychological counseling. Lifetime costs can exceed $500,000 for CRPS.

Suffering from nerve damage?

Nerve injuries require specialized testing. Get the evidence you need.

EMG/NCV testing and Budapest criteria documentation are critical for nerve injury cases. A California injury attorney experienced in CRPS and neuropathy cases can build the strongest claim.

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Cross-References

Common Questions

What is CRPS and how is it diagnosed?

CRPS (Complex Regional Pain Syndrome, formerly RSD) is a chronic pain condition that typically develops after an injury to an extremity. It is characterized by severe burning pain disproportionate to the original injury, swelling, skin color and temperature changes, and trophic changes. Diagnosis uses the Budapest criteria, requiring symptoms in at least three of four categories and signs in at least two categories.

What is EMG/NCV testing and when should it be done?

EMG/NCV testing is the gold standard for objectively diagnosing nerve damage. NCV measures how fast electrical signals travel through nerves. EMG uses a needle electrode in muscles to detect denervation. Testing should be done three to six weeks after injury because denervation changes take time to develop. A positive EMG dramatically increases case value by converting subjective complaints into objective findings.

How much is a CRPS case worth in California?

CRPS cases are high-value because the condition is chronic, debilitating, and requires lifelong treatment. An established CRPS diagnosis with ongoing treatment: $1 million to $10 million or more. Severe CRPS with a spinal cord stimulator and permanent disability: $3 million to $20 million or more. Values depend on documentation quality, objective testing, liability strength, and available insurance.

What future treatment costs should be included for nerve injuries?

Life care plans for chronic nerve pain typically include ongoing specialist visits, nerve pain medications ($3,000-$15,000/year), periodic physical therapy, interventional procedures like nerve blocks ($5,000-$20,000/year), spinal cord stimulator implant and replacement ($75,000-$125,000 every 5-10 years), psychological counseling, and assistive devices. Total lifetime costs for CRPS can exceed $500,000.

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Local Resources

  1. CACI 430 — Causation: Substantial Factor. Causation standard for nerve injury claims.
  2. CACI 3905A — Physical Pain, Mental Suffering, Emotional Distress. Non-economic damages for chronic pain and suffering.
  3. CACI 3927 — Aggravation of Pre-Existing Condition. Eggshell plaintiff doctrine for pre-existing nerve vulnerability.
  4. CACI 3903B — Future Medical Expenses. Future costs for spinal cord stimulators, medications, and ongoing treatment.
  5. CACI 3921 — Lost Earning Capacity. Lost earning capacity from permanent nerve impairment.
  6. Sargon Enterprises v. USC (2012) 55 Cal.4th 747. Gatekeeper standard for CRPS and nerve injury expert testimony.