Peroneal nerve injury accident lawyer

The common peroneal nerve wraps around the outside of the knee close to the skin, where it is unusually exposed. Damage to it produces foot drop — an inability to lift the front of the foot — which changes gait, causes trips and falls, and can end work that requires standing, climbing or uneven ground. Law Offices Of SRIS, P.C. handles catastrophic injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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How the injury is documented

Clinical examination establishes the pattern: weakness of ankle dorsiflexion and toe extension, weakness turning the foot outward, and numbness over the top of the foot and the outer lower leg. Nerve conduction studies and electromyography performed after an appropriate interval localise the lesion, grade its severity and, on repeat testing, show whether reinnervation is occurring. MRI or ultrasound may identify the cause where compression or a mass is suspected. The associated knee injury — fracture, dislocation or ligament rupture — is documented on its own imaging.

Why this meets a threshold

Electrodiagnostic studies produce objective, localised findings, and foot drop is directly observable on examination and in gait. Where a brace is prescribed, that prescription documents the functional need. This is one of the more objectively demonstrable nerve injuries.

Treatment and prognosis

Management depends on the mechanism. A stretched or compressed nerve may recover over months, and the standard approach is observation with an ankle-foot orthosis to maintain function and prevent tripping, along with therapy to preserve range and prevent contracture. Where the nerve is divided or fails to recover, surgical repair, grafting or nerve transfer may be considered, and these are time-sensitive. Later options include tendon transfer or ankle fusion. Persistent foot drop requires a brace indefinitely, with replacement over time.

How these claims are contested

By arguing that recovery is expected and the deficit is therefore temporary — which is why serial electrodiagnostic studies documenting a plateau matter. By attributing the deficit to a pre-existing back problem, since foot drop can also arise from a lumbar nerve root, so localisation is important. By characterizing a brace as a minor accommodation rather than a permanent dependency. And by understating the occupational effect for someone who can walk on flat ground.

Building the claim properly

Establish the mechanism — a knee dislocation or fracture, a direct blow to the outside of the knee, a crush injury, or prolonged pressure during surgery or immobilisation. Obtain electrodiagnostic studies that localise the lesion to the peroneal nerve rather than to a lumbar root, because that distinction defeats the pre-existing back argument. Repeat the studies to document plateau. Document gait, falls, brace dependency and the specific occupational tasks now closed off.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is foot drop?

Weakness or inability to lift the front of the foot, so the toes catch when walking. People compensate by lifting the knee higher or swinging the leg outward. It causes tripping and falls, particularly on stairs, kerbs and uneven ground, and it is immediately visible in gait.

Why is this nerve injured so often?

Because it wraps around the outside of the knee just beneath the skin, with little tissue protecting it. A direct blow, a knee dislocation, a fracture, a tight cast, or sustained pressure during surgery or prolonged immobilisation can all damage it. Its exposed position is the whole explanation.

Will it recover?

It depends on the mechanism and severity. A stretched or compressed nerve often recovers over months; a divided nerve does not recover on its own. Serial nerve conduction studies show whether reinnervation is occurring, and a documented plateau is what establishes that the deficit is permanent.

Could this be from my back instead?

It can be — a lumbar nerve root problem produces a similar picture, which is precisely why carriers raise it. Electrodiagnostic studies localise the lesion, distinguishing an injury at the knee from one at the spine. Getting that localisation documented is the direct answer to the argument.

What is an AFO?

An ankle-foot orthosis — a brace that holds the foot in position so the toes do not catch during walking. It restores safe walking but is worn permanently where the deficit does not recover, needs replacement over time, limits footwear choices and is visible. That ongoing dependency is a real consequence.

Can I still work?

It depends entirely on the work. Walking on level ground with a brace is usually manageable; ladders, scaffolding, uneven ground, driving certain vehicles and jobs requiring prolonged standing frequently are not. Where your occupation involves those, formal restrictions and vocational assessment are needed to establish the loss.

Is surgery an option?

Where the nerve is divided or shows no recovery, repair, grafting or nerve transfer may be considered, and timing matters because muscle that has been denervated for too long cannot be reanimated. Later reconstruction using tendon transfer or fusion is also possible. These are decisions for a surgeon experienced in nerve reconstruction.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and to shorter notice requirements where a government entity is involved. Because the surgical window is time-sensitive, address both timelines early.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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