Cauda equina syndrome (CES) is a condition often characterised by severe back pain, sensory loss in the legs, and bladder control issues. Many different causes, such as herniated discs, severe trauma, and fractures, can lead to CES. If you’re wondering how to sue for cauda equina compensation, you must gather medical records and other evidence showing how a third party acted negligently, causing harm that led to the condition developing or worsening.

At How To Sue, our advisors are here to help during this challenging time. They are dedicated to providing support from start to finish and take the time to answer questions clearly. Following a free case check, you could be connected with one of the No Win No Fee solicitors from our panel. As experts in cauda equina syndrome compensation claims, our panel provide tailored guidance throughout, with their clients’ needs at the heart of the process.

Key Takeaways

• Cauda equina syndrome develops when the nerves at the end of the spinal cord are compressed.
• The condition can cause sexual dysfunction, as well as issues with the bladder and bowels.
• CES may develop from injuries sustained in slips, trips, falls, or road collisions.
• Additionally, CES may arise or worsen due to medical negligence, such as surgical errors or a failure to properly assess a patient’s symptoms.
• Our panel of solicitors have helped clients nationwide build a strong case through evidence gathering and expert representation from start to finish.

To find out if you can start your claim today, please feel free to get in touch with our advisory team. They are here 24/7 and are ready to give you the answers you’re searching for.

Jump To A Section

1. How To Sue For Cauda Equina Compensation
2. How To Sue For Cauda Equina Medical Negligence
3. Cauda Equina Compensation – How Much Could You Receive?
4. How To Start A Claim For Cauda Equina Compensation
5. Could I Claim Cauda Equina Compensation On A No Win No Fee Basis?
6. Frequently Asked Questions About Cauda Equina 
7. More Information

How To Sue For Cauda Equina Compensation

To sue for cauda equina compensation, you must be able to demonstrate that a third party acted negligently and directly caused you harm. This involves establishing negligence by showing that:

• A third party owed you a duty of care
• This duty of care was breached by a third party
• You suffered injuries as a result of the breach

A duty of care is essentially the responsibility that third parties have to take certain actions to protect your health and safety. This duty can be owed in workplaces, on roads, in public places, and in healthcare settings.

Please keep reading our guide to learn more about how to sue for cauda equina compensation, and how a duty of care applies in different scenarios.

Road Traffic Accidents

Road traffic accidents can occur because of speeding, reckless driving, and being under the influence of alcohol or drugs. All road users have a duty of care to one another, requiring them to navigate in a way that avoids harm to themselves and others. To help meet this duty, drivers, riders, and other road users must also abide by the Highway Code and the Road Traffic Act 1988.

Below, we’ve outlined 2 scenarios where a road traffic accident could lead to cauda equina syndrome:

• A driver fails to brake in time because they are using their mobile phone. The resulting rear-end collision causes direct trauma to your lower spine, leading to CES caused by a disc pressing on your spinal nerves.
• You are involved in a pedestrian accident after a car failed to stop at a zebra crossing. The impact of being hit by the vehicle leaves you with a slipped disc that leads to cauda equina, incontinence, and partial paralysis.

Accidents At Work

Employers can cause accidents at work if they neglect to perform risk assessments or fail to provide staff with training sessions or personal protective equipment. Every employer must adhere to the Health and Safety at Work etc. Act 1974 (HASAWA). This requires them to take reasonable steps to ensure their employees’ safety, well-being, and health.

You could have a valid accident at work if your employer failed to ensure your safety, resulting in an injury that leads to CES. For example:

• You are involved in a construction accident after your employer failed to secure loose safety railings. The ensuing fall from a height results in vertebral dislocation and the development of CES. In addition to this, you also suffer severe head and back injuries.
• Your employer failed to provide manual handling training despite ordering you to carry heavy boxes. Consequently, you suffer a herniated disc that ruptures. This leaves you with leg paralysis and psychological injuries such as depression.

Public Place Accidents

Third parties in charge of spaces like restaurants, hotels, and parks can cause public place accidents by failing to highlight hazards with warning signs or neglecting to perform regular maintenance. These occupiers are obligated to take practical steps to ensure the reasonable safety of members of the public. This duty of care is established by the Occupiers’ Liability Act 1957 and could be breached in situations similar to the following:

• A restaurant fails to fix uneven flooring at the top of a staircase despite knowing about the disrepair for some time, causing you to trip and fall. You suffer leg and arm injuries, along with direct trauma to your spine that causes compression of your cauda equina nerves.
• A supermarket doesn’t display a wet floor sign after a fridge leak or clean up the spill in a timely manner, causing you to suffer a serious fall. This damages the spinal nerve bundle, leading to CES.

To learn more about your eligibility to claim, please get in touch with one of our friendly advisors today.

How To Sue For Cauda Equina Medical Negligence

To sue for cauda equina medical negligence, you must demonstrate that the care you received from a healthcare professional was substandard and caused unnecessary suffering. As such, you must prove that:

• A healthcare professional owed you a duty of care
• This duty of care was breached by a healthcare professional
• You suffered avoidable harm as a result of the breach

All healthcare professionals are expected to provide their patients with a minimum standard of care. This is the duty of care referred to above. In doing so, healthcare professionals can ensure they assess a patient’s medical records and follow up with specialist referrals where appropriate.

To put this into context, we’ve listed 2 examples of how you could make a medical negligence claim for CES:

• A surgeon makes a surgical error during lumbar decompression surgery due to the misuse of forceps. This causes damage to the lower spinal nerves, resulting in CES and PTSD.
• A GP misdiagnoses the early symptoms of CES as a urinary tract infection, delaying treatment. The consequence of this delayed diagnosis is paralysis, incontinence, and long-term sexual dysfunction.

To learn more about how to sue for cauda equina compensation after experiencing medical negligence, please contact our team today.

Cauda Equina Compensation – How Much Could You Receive?

For cases involving paralysis, how much cauda equina compensation you could receive can range from £60,210 to £493,000. This range is valued in line with the Judicial College Guidelines (JCG), a text that links suggested compensation brackets to various forms of harm. Solicitors often use the document to calculate general damages, which compensate you for any physical and psychological pain and suffering you experienced.

Due to the unique nature of cauda equina claims, payouts are determined on a case-by-case basis and may depend on the following factors:

• The severity of your injuries or harm
• Your recovery period
• The impact on your daily activities

All entries in the table below, apart from the first, have been taken from the JCG. Please bear in mind that they are merely guidelines and do not guarantee how much you could receive.

Harm	Severity	Compensation
Multiple forms of severe harm with special damages such as lost earnings, medical expenses and home modification costs	Very Severe	Up to £1,000,000+
Paralysis	Tetraplegia - requiring help with bodily functions, loss of enjoyment of food and a lack of awareness	£396,140 to £493,000
Paralysis	Paraplegia - level of award depending on the impact on sexual function and the presence of depression	£267,340 to £346,890
Back	Severe (i) - involving damage to the spinal cord and nerve roots	£111,150 to £196,450
Back	Severe (ii) - with nerve root damage and a loss of sensation, with an impaired mobility	£90,510 to £107,910
Back	Severe (iii) - including disc lesions and fractures with severe pain and discomfort	£47,320 to £85,100
Bowels	Loss of natural function (b) - requirement of a colostomy	Up to £183,190
Bowels	Passive incontinence (c) - persists after surgery	In the region of £97,530
Bladder	Loss of function (b) - Bladder control will also be lost	Up to £171,680
Bladder	Impairment of control (c) - with incontinence and pain	£78,080 to £97,540

Special Damages In Cauda Equina Compensation Claims

In cauda equina compensation claims, special damages is the head of loss that can cover the financial impact of the harm you’ve suffered, such as medical expenses and the cost of care, rehabilitation, or therapy.

Please see the following examples of special damages that you could include in your claim:

• Loss of earnings: Covers current and future lost income, bonuses, overtime pay, and workplace benefits.
• Medical expenses: These costs can include private medical appointments and prescription costs such as painkillers and antibiotics.
• Home modification costs: Includes hoists, chairlifts, ramps, and new doors used to accommodate permanent disabilities.
• Care costs: May include the cost of professional help with cooking, cleaning, nursing, and dressing. It can also extend to any financial losses incurred by a family member who performed these duties.
• Travel expenses: Can include fuel or public transport costs from travelling to and from appointments.

Special damages can only be claimed if there is evidence of financial loss, so it’s essential that you hold onto invoices, receipts, bank statements, and other documents.

To learn more about how to claim for special damages, please contact our friendly advisory team today.

How To Start A Claim For Cauda Equina Compensation

To start a claim for cauda equina compensation, you will need to show how you were harmed by the negligent actions of a third party by supplying evidence for your case, such as medical records, CCTV footage, and eyewitness contact details. Types of evidence you could provide may include:

• A copy of your medical records
• CCTV or dashcam footage
• Contact details of potential witnesses who can give statements to your solicitor
• A copy of an accident report form, if the incident occurred at work or in public
• Photographs showing visual signs of harm
• Correspondence relating to your cauda equina compensation claim
• If the injuries that led to your CES occurred in a road traffic accident, then you’ll need the contact details, insurance, and vehicle registration of the other party

It’s also important to file your claim within 3 years of the accident, as per the Limitation Act 1980. However, in cases of medical negligence, the limit begins either from the date of the substandard care or the date you became aware of it. You can find out more about this and when time limits might apply by reading our guide to the limitation period.

Our helpful advisory team is also on hand to answer any questions you have about gathering evidence and how one of the solicitors from our panel could help you with this task.

Could I Claim Cauda Equina Compensation On A No Win No Fee Basis?

Yes, you could claim cauda equina compensation on a No Win No Fee basis if you’re connected with one of the talented solicitors from our panel. If your claim is strong, they will provide their services through a Conditional Fee Agreement (CFA), meaning:

• No solicitor service fees upfront.
• No service fees as your claim progresses.
• No service fees if your case is unsuccessful.

If your case has a favourable outcome, you’ll be required to pay a success fee to your solicitor from your cauda equina compensation. This is a legally capped percentage, so you’ll keep most of your compensation.

You can also experience the following benefits on a No Win No Fee basis:

• Providing regular claim updates and handling all correspondence for your claim.
• Clear explanations of legal terms so you understand how to sue for cauda equina compensation and navigate the claims process.
• Connecting you with physiotherapists and psychologists to support your recovery and help you manage your CES.
• Gathering eyewitness statements and other evidence to build the strongest case possible.
• Negotiating with expertise to achieve a successful settlement on your behalf.

Contact How To Sue To Get Started

To learn more about how to sue for cauda equina compensation, please contact our friendly advisory team today:

• Call us on 0800 408 7827
• Contact us by filling out our online form
• Use our free live chat feature

Frequently Asked Questions About Cauda Equina 

Please read our answers to some frequently asked questions about cauda equina compensation syndrome. If you have any other queries not covered here, including those related to claiming compensation, our advisors are here to help 24/7.

What Are The Early Signs Of Cauda Equina?

The early signs of cauda equina include sciatica, bladder or bowel dysfunction, and a tingling sensation or numbness in the ‘saddle area.’

How Is Cauda Equina Diagnosed?

Cauda equina syndrome is typically diagnosed through physical examination and imaging tests, such as an MRI scan of the lower spine to show nerve compression. Other factors will also be assessed, such as any loss of bladder or bowel function and leg weakness.

What Are The Effects Of Cauda Equina Syndrome?

The effects of cauda equina syndrome may include chronic lower back and leg pain, impaired mobility, and a loss of bladder and/or bowel control. Other effects can include sensory issues in the legs and partial or full paralysis of the lower back and legs.

How Is Cauda Equina Treated?

Cauda equina is treated through emergency surgery to alleviate spinal nerve pressure, followed by antibiotics and/or steroids to reduce inflammation and the presence of an infection.

More Information

Please see some of our other helpful guides on our site for more information on different types of claims:

• Learn more about hand injury claims
• Get help with how to sue for loss of sight compensation
• See the following advice on claiming for a broken thumb at work

Additional external resources:

• See the following advice on back pain from the NHS
• Learn about lumbar decompression surgery from the NHS
• Get help with statutory leave and time off from Gov.UK

Thank you for reading our useful guide on how to sue for cauda equina compensation, and please reach out anytime for further advice.