What is the Average Payout for Nerve Damage in Australia?
Nerve damage happens when your nerves are injured and can’t properly send signals through your body. This can cause symptoms like pain, numbness, muscle weakness, twitching, or pins and needles.
If your nerve damage was caused by an accident or a medical mistake, you might be entitled to compensation through a nerve damage claim (sometimes called a nerve injury claim).
To help you understand what you could receive, we’ve put together this quick guide to average payouts for nerve damage in Australia. It covers how compensation is calculated and includes real-life examples of what other Australians have received for similar injuries.
Want to speak to a lawyer right away? Get in touch with our expert nerve injury team for a free chat. We’re here to listen to your story and explain how much you’re entitled to claim.
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Find out if you’re eligible for a nerve damage payout today.
What types of nerve damage claims can I make?
These are the most common types of claims you can make for nerve damage:
If your nerve damage happened another way, you may still have a claim — just get in touch with us today. In a free consultation, our expert lawyers will assess whether your situation qualifies and how much you could receive.
What is the average settlement for nerve damage?
Nerve damage payouts in Australia can vary quite a bit — it all depends on your situation. Some of the main things that affect how much you can claim include:
- What kind of claim you’re making.
- Whether your condition is permanent.
- Whether your injury impacts your ability to work.
- How much treatment your nerve damage requires.
- Whether you need help with domestic tasks because of your injury.
- Your age.
On top of claiming things like lost wages and medical costs, you might also be entitled to an extra lump sum payout for ‘non-economic loss’ — basically, the overall negative impact of the nerve damage on your life.
Below, you’ll find our guide to average payouts for non-economic loss. Just keep in mind, these payouts vary depending on which state you live in, since the laws differ slightly across Australia.
Minor or temporary nerve damage: $20,000 – $40,000
This range applies if your nerve injury causes short-term symptoms and doesn’t require major treatment or ongoing support.
In most cases, this type of nerve damage is caused by accidents at work or on the road.
Common examples include:
- Numbness, tingling or pain that improves with rest or physiotherapy.
- Mild carpal tunnel syndrome that resolves after non-surgical treatment.
- A minor nerve compression injury from a workplace incident that clears up in a few months.
Moderate nerve damage: $100,000 – $300,000
This applies when your nerve injury causes lasting symptoms, limits your day-to-day activities, or requires more intense treatment.
Examples can include:
- Nerve injuries requiring surgery (e.g. brachial plexus damage or moderate spinal nerve impingement).
- Ongoing numbness, weakness, or coordination issues that make it hard to work.
- Chronic pain that affects your ability to drive, work, or carry out your usual tasks.
Severe or permanent nerve damage: $300,000 – $600,000
This level of compensation is for people who suffer long-term or permanent impacts from nerve damage, especially when it affects their mobility, work capacity, or independence.
If your nerve damage was caused by a medical professional’s negligence, it’s likely your payout will fall in this category.
Common examples of severe or permanent nerve damage include:
- Spinal cord nerve damage leading to partial or full paralysis.
- Severe nerve damage from surgical errors (e.g. during spinal or abdominal surgery).
- Nerve injuries that result in Chronic Regional Pain Syndrome (CRPS).
- Permanent loss of function in a limb.
Real-world examples of nerve damage payouts
To give you a better idea of the nerve damage settlement you can expect, here are three of our recent client success stories:
Oscar receives $1.2mil after arm crushed by faulty truck tray
Oscar suffered severe nerve damage to his elbow after being struck by a faulty truck tray, later developing complex regional pain syndrome. Our medical experts confirmed he had a permanent nerve injury and that Oscar would likely never work again.
We then subpoenaed truck records, uncovering a history of defects known to the truck company. Our lawyers worked with an automotive engineer to prove the hinge was unsafe. With this strong evidence, our lawyers negotiated a $1.2 million settlement — covering his lost earnings, medical expenses, and care needs — without the stress of going to court.
Read Oscar’s full story
Sarah wins $750k for improperly removed implant
Sarah suffered permanent nerve damage during a routine contraceptive implant removal when her doctor failed to stop the procedure and refer her to a specialist. The injury left her in constant pain, unable to work, and struggling to care for her two young children.
Our lawyers gathered expert medical evidence confirming the doctor’s negligence and documented how the injury affected Sarah’s daily life. We launched Supreme Court proceedings and, after the doctor’s insurers admitted liability, eventually settled the case at mediation for $750,000. This provides Sarah and her family with the long-term financial security they deserve.
Read Sarah’s full story
Amelia gets $650k for GP’s poor administration of anaesthetic
Amelia suffered permanent nerve damage when her GP failed to properly anaesthetise her arm before removing a contraceptive implant. As the scalpel cut into her ulnar nerve, she developed electric shock pain and involuntary finger locking, leaving her unable to return to her hands-on job assembling computers.
Our lawyers used expert evidence to show that chronic pain made Amelia unfit for manual work. We also argued that her new desk-based role offered no long-term job security and reduced her future earning capacity. Armed with this evidence, we successfully settled Amelia’s claim for $650,000 at mediation, helping cover her lost income and ongoing care needs.
Read Amelia’s full story
How are compensation payouts for nerve damage calculated?
Your nerve damage payout is based on a few important factors, including:
- The type of claim you're making.
- How serious your nerve injury is. For instance, you would get more compensation for permanent ulnar nerve damage than for temporary nerve damage from whiplash.
- The impact on your daily life, including whether you can still work, drive, and live independently.
- What you were earning before the injury.
- Your age.
- Which state you live in.
- Whether negligence was involved and how extreme it was. For example, the average settlement for nerve damage from surgery malpractice will usually be much higher than for a no-fault workers comp claim.
If you’re making a basic workers compensation claim or a no-fault car accident claim, your nerve damage payout generally includes:
- Lost income: the wages you’ve lost because of your injury, including super.
- Medical expenses: the cost of hospital stays, doctor’s visits, and travel between medical treatments.
On top of this, if your nerve damage was caused by someone else’s negligence, you may also be able to claim:
- Future lost income: if your nerve damage means you can’t return to work full-time (or at all).
- Future medical expenses: the cost of ongoing treatment.
- Care and support: compensation if you’re cared for by family, friends, or a professional. You may also receive extra compensation if your nerve damage means you can’t care for someone who relies on you, like a child.
- Pain and suffering (depending on your state): also known as ‘non-economic loss’, this is compensation for the negative impact of the injury on your life. Since pain and suffering isn’t limited your actual financial losses, you could get a substantial lump sum payout.
To make sure you get everything you’re entitled to, it’s worth speaking with a specialist nerve injury lawyer. With decades of experience handling these claims, we know exactly what types of compensation you can claim and how to calculate each one properly. This ensures your payout covers not just your current needs, but your future ones too.
How to get a nerve damage payout
To get a nerve damage payout in Australia, you’ll first need to consider what type of claim you’re making and what caused your injury:
No-fault workers compensation claims
If you were injured in a work accident that was your fault (or no one’s fault), the process is as simple as reporting the injury to your employer and filling out a workers comp form.
No-fault car accident claims
If you live in NSW, Victoria, the ACT, Tasmania, or the Northern Territory, you can make a CTP claim no matter how the accident happened. All you need to do is report the accident to the police and file a claim with your own insurer.
In all other states, you’ll need to prove someone else’s negligence caused the accident to be eligible for compensation.
Nerve damage negligence claims
If your nerve damage was caused by someone else’s negligence, it’s important to get in touch with an expert lawyer first. Nerve damage claims are some of the most complex cases, requiring a deep understanding of law, neurology, and the long-term impact of nerve injury.
This knowledge is essential to show the extent of your nerve damage and directly link it to someone else’s actions. Without this unique expertise, proving a nerve damage negligence claim is almost impossible. That’s where our specialist lawyers come in.
We can assist with every stage of your nerve damage claim, including:
- Identifying your claims: in a free consultation, one of our expert lawyers will listen to your story and explain your rights. We’ll run through every type of compensation you could be eligible for, as well as what you can expect from the claims process.
- Gathering evidence: strong evidence is absolutely essential for proving negligence, so our lawyers obtain detailed reports on your injury from neurologists, surgeons and occupational physicians.
- Lodging your claims: your lawyer will lodge your claims with the relevant insurer or super fund. If you’re making a negligence claim, we’ll start court proceedings at this stage.
- Challenging the insurer’s decision: if you’re making a workers comp or car accident claim, the insurer will let you know if your claim is approved. If it’s denied or the payments are too low, we’ll challenge the decision and fight for the compensation you deserve.
- Handling all negotiations: if you’re making a negligence claim, you’ll need to participate in a pre-court negotiation with the other party, known as ‘mediation’. Your lawyer is highly experienced in this process and will handle everything on your behalf, ensuring you get the best possible result.
