Cauda Equina Syndrome Claims

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Cauda Equina Syndrome Claims

For finding answers and getting justice

Living with (CES) is a life-altering experience, a journey filled with uncertainties and challenges. It’s a path you should never have to walk alone, especially if your condition was caused by medical negligence.

At Switalskis, we understand the gravity of your situation and the profound impact has on your life. Our specialist cauda equina solicitors aim to provide you with much-needed guidance and professional support as you walk this difficult path. With years of experience in making cauda equina claims on behalf of people like you, we stand firm as your committed partner in seeking justice and compensation.

We realise that no amount of money can truly compensate for the pain and suffering you've experienced if your cauda equina symptoms worsened due to negligence. However, securing compensation through a cauda equina compensation claim can ease the financial burden brought about by medical expenses, ongoing treatment costs, lost wages and other associated expenses. It will help you to make the most of your recovery, and bring about a sense of closure and recognition of the ordeal you've been through.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

What Switalskis offers during your claim

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How Switalskis can help you

Making a claim can be complex and emotionally demanding. But when you choose Switalskis as your legal partner, we shoulder the burden, guiding you through each step of the claim process with diligence and sensitivity. Taking action to secure fair compensation can minimise the financial impact of negligent medical treatment and prevent similar mistakes in treating from happening in the future.

From the initial consultation to the negotiation or litigation process, we handle every aspect of your cauda equina negligence claim. We’ll use all of our skills and resources to gather evidence, consult with medical experts, assess the full extent of your damages, and build a robust case for compensation.

We believe that financial constraints shouldn’t prevent anyone from seeking justice. That’s why we offer no win, no fee services, ensuring you can pursue your cauda equina compensation claim without worrying about upfront legal costs.

Led by seasoned professionals, many of whom hold accreditations from the Law Society and AvMA (Action Against Medical Accidents) , we're unwavering in our commitment to protect your rights and work towards achieving the best outcome for you and your loved ones. We understand that you're dealing with emotional, physical and financial challenges, and our team is prepared to support you through these with the utmost empathy.

Our medical negligence team accreditations

Our cauda equina syndrome specialists

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Suzanne MunroeDirector and Solicitor
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Sarah WalkerDirector and Solicitor
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Charlotte ReevesDirector and Solicitor
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Kay BarnesDirector and Solicitor
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David ThomasDirector and Chartered Legal Executive
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Read what our clients had to say about the help they received from Switalskis

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Is there a time limit on making a cauda equina syndrome claim?

Time limits play a vital role when considering a claim. The general rule in the UK for medical negligence claims is that you have three years from the date that the negligence occurred to make the claim. However, because treatments and medical negligence can be complex, you will often have three years from the 'date of knowledge' to start a claim instead.

The 'date of knowledge' isn't necessarily the date the negligence happened, but is the date you first became aware that you've suffered a significant injury due to potential negligence. It could also be the day you recognised the symptoms of cauda equina syndrome, the day you received your diagnosis, or when you realised the care provided was below the accepted standard.

However, there are exceptions to this three-year rule:

  • Children: if the person who suffered the negligence is under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
  • Mental capacity: if the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to make a claim on their behalf.

In very rare cases, the court can extend the timeline for a claim involving a delayed diagnosis where there is legitimate reason to do so. However, you should act as soon as possible to start the claims process. If it is necessary to wait to claim compensation until the full effects of medical negligence can be assessed, it is still important to file documents with the court within the relevant time limit. Acting early also means that it is more straightforward to collect the evidence we need while it remains fresh.

How much compensation can a cauda equina compensation claim result in?

When medical negligence has led to a worsening of your cauda equina syndrome, calculating how much compensation you are owed can be complicated. There is no standard compensation figure as each payout is designed to cover the person's specific experiences. To do so, cauda equina compensation amounts are broken into two parts, each of which addresses a different type of loss related to the condition.

General damages compensate you for the injury itself and its non-financial impact. It aims to address pain, suffering and any loss of amenity, which means the impact on day-to-day life.

For a cauda equina claim, this may include compensation for:

  • Severe back, leg, saddle-area or neuropathic pain
  • Effects on bladder and bowel function, which can include bowel and bladder incontinence
  • Sexual dysfunction
  • Any permanent disability
  • Loss of mobility or reduced walking tolerance
  • Ongoing numbness
  • Psychological injury, distress, depression or anxiety
  • Loss of independence, hobbies, family life and enjoyment of life
  • The permanent or life-changing nature of symptoms

We will use the Judicial College Guidelines as a starting point when valuing general damages. These guidelines offer minimum and maximum values for general damages in personal injury cases, and can be used to value pain, suffering and loss of amenity accurately.

In a cauda equina case, general damages can be higher than other types of medical negligence claim, because the condition can cause permanent neurological, bladder, bowel, sexual and mobility problems without urgent medical attention. Our solicitors specialise in cauda equina claims, and can centre the physical and quality-of-life impact to the valuation.

Special damages compensate you for financial losses and expenses caused by the negligence. These must be supported with evidence such as payslips, invoices, receipts or other types of evidence to show the full extent of any losses.

In a cauda equina claim, special damages may include:

  • Loss of earnings, including future earnings if you are left unable to work due to the condition or reduced earning capacity if you cannot return to the same work
  • Private treatment, physiotherapy, rehabilitation or pain management
  • Medication, continence products, catheters or other supplies
  • Care and assistance from family, friends or paid carers
  • Mobility aids, orthotics, wheelchairs or specialist equipment
  • Home adaptations, such as stairlifts, wet rooms, ramps or downstairs facilities
  • Vehicle adaptations, if necessary for you to drive
  • Future care, therapies and equipment over your lifetime

Special damages often form a very large part of serious cauda equina claims because the financial consequences can continue for years, or in some cases for the rest of your life.

How are cauda equina syndrome claims funded?

Potential costs are among the biggest concerns our clients have about claiming compensation. At Switalskis, we're committed to making the process as accessible as possible by offering various funding options to meet your needs:

  • No win, no fee agreement: also known as a conditional fee agreement, this is the most common way to fund a cauda equina syndrome claim. Under a no win, no fee agreement, you won't need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we'll discuss all of the potential costs with you upfront to avoid any surprises.
  • Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we incur during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We'll assist you in understanding your policy and liaising with your insurer.
  • Legal Aid: in very rare cases, Legal Aid may be available for clinical negligence claims, although it's usually reserved for specific situations. Our team can guide you on whether you might be eligible.

Remember, your first consultation with our clinical negligence solicitors is free and without obligation. We'll discuss the funding options available to you and help you choose the best one for your situation.

How long do cauda equina syndrome claims take?

The length of time it takes to resolve a claim varies depending on the specifics of the case. Every claimant's circumstances are unique, from the severity of the syndrome to whether or not liability is admitted. Whatever the timeframe, we strive to complete the process without compromising the quality and thoroughness of our legal representation.

In cases where the responsible party admits negligence early on, a resolution might be reached within 18 months to two years. However, if the healthcare provider disputes the claim or if the medical facts are complex, a claim can take several years to conclude. Rest assured, we’ll work diligently to gather evidence, liaise with medical experts and negotiate with the other side to achieve the best possible outcome for you.

We understand the urgency you may feel to conclude your claim, especially if you're facing financial pressures due to lost income or increased care costs. Therefore, in many cases, we seek to secure interim payments. These are early part payments of your compensation, granted before the final settlement, to help you cope with immediate expenses and losses related to your condition.

While we recognise the desire for swift resolution, our top priority is to secure the maximum cauda equina compensation for you. Our lawyers will keep you informed at every stage, making sure you understand the timeline and any factors that could influence it. Your welfare, rights and peace of mind are at the heart of what we do at Switalskis.

Making a cauda equina syndrome claim

Making a cauda equina claim can seem daunting, especially while dealing with the emotional and physical impacts of the condition. Switalskis is here to support and guide you through every step of this process. Our experienced cauda equina solicitors make the process as simple as possible, and will take on the bulk of the legal responsibility for your claim so you can focus on adjusting to your new circumstances.

Step 1: Initial consultation

Reach out to Switalskis for a free, no obligation initial consultation . During this meeting, we’ll listen to your story, understand your concerns and explain whether we think you have a strong case. If you decide to proceed, we can then discuss the next steps and the available funding options.

Step 2: Establishing your claim

We’ll gather all the relevant information we need to build your case . This will include applying for all of your medical records, including your GP records. We’ll ask you for photographs, receipts and any other documents that may support your claim. We will take a detailed witness statement to tell your version of events. We may arrange for you to be assessed by an independent medical expert to provide an unbiased view of your injuries and future prognosis. The aim will be to prove that the negligence was responsible for your injury and consider the potential value of the claim.

Step 3: Notifying the defendant

Once we have supportive evidence, we’ll send a letter of claim to the doctor and/or hospital involved . This will outline details of the claim and state allegations regarding the negligent treatment.

Step 4: Defendant response

The defendant will then have four months to investigate the allegations made against them and respond to the letter of claim in a letter of response. This letter will include whether the defendant accepts they are at fault, which is called an admission of liability. If they do not accept fault, they will state this in the letter and this is called a denial of liability. We will advise you of the next steps at this stage.

Step 5: Settlement and compensation

If the defendant or practice has admitted fault, negotiations can start. Our cauda equina solicitors will negotiate on your behalf, using our expertise and experience to secure the highest possible compensation amount for you. At this stage, we will discuss how much compensation you may receive. This will be calculated to cover the pain and suffering caused by the negligence, as well as any financial losses or expenses you’ve experienced as a result.

Step 6: Court proceedings (where necessary)

Most claims will be settled through negotiation without needing to go to court. In the rare instances where the case does go to trial , you can trust us to represent you throughout the process.

At Switalskis, we understand that every client's situation is unique. We strive to make this journey as straightforward as possible for you, explaining complex legal terminology in simple, clear language, so you understand and are comfortable with every step of the process.

Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.

Why Switalskis?

Coping with the aftermath of a diagnosis can be a challenging journey. The emotional toll it takes calls for the backing of a trusted partner who can guide you through these unfamiliar and stressful times.

Clarity in complexity

compensation claims may appear complex, but our aim is to simplify this complexity for you. We're committed to translating complicated legal jargon into plain, clear language. Our dedicated team is here to address all your concerns, simplify the process, and make sure you're fully briefed at every step of the journey.

Empathy at every step

Understanding your unique circumstances is at the heart of our approach. We listen attentively to your concerns, respect your feelings and provide thoughtful advice that is customised to your needs. To us, you're more than a client - you're an individual grappling with challenging circumstances, and we're here for you, steadfast in our support.

Expertise you can trust

When dealing with something as significant as a compensation claim, you need assurance that you're in capable hands. At Switalskis, our team brings together decades of experience and a proven track record in handling cauda equina claims. 

Championing your rights

Our team is driven to uphold your rights and make sure your voice is heard. We'll guide you through every stage of the claim process, making sure you're informed and empowered to make the decisions that are right for you.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

If you feel that medical negligence resulted in you or a loved one developing cauda equina syndrome, it's important to take that first step towards justice. Switalskis is here to guide you through the process, providing expert advice, emotional support and strong representation.

Contact Switalskis today by calling 0800 1380 458 or get in touch with us through the website to discuss your concerns in confidence with a legal specialist.

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