How Are Compensation Awards Calculated?

If you have developed cauda equina syndrome that was not managed properly by medical professionals, you will be entitled to claim compensation for medical negligence.

Calculating cauda equina syndrome compensation

Compensation is intended to reflect the damages you have wrongfully incurred as a result of medical negligence. Your damages are broken down into two categories: general damages and special damages.

General damages are awarded to reflect the pain, suffering and loss of amenity you have experienced because of medical error. Cauda equina syndrome is a serious condition that can lead to long-term complications such as urinary incontinence, sexual dysfunction, partial or total paralysis, chronic back pain and the loss of sensation in the saddle area. These problems are evidently devastating in nature and are very unlikely to resolve. The sum of general damages will therefore be very high in order to reflect this.

When suggesting an appropriate figure, your solicitor will assess your condition, using the report written by a medical expert on your condition to clarify just how extensive your complications are. Your legal representative will then use this information and refer to legal guidelines which suggest how much should be awarded for mild, medium and severe cases of cauda equina syndrome.

On the other hand, special damages are awarded to recompense for the acute financial loss you have incurred because of medical error. This includes both past and future losses, including a loss of earnings, the cost of medical treatment and the cost of travel to receive medical treatment. Your solicitor will create a document called a schedule of special damages which will detail every expense you have encountered. Future losses will need to be estimated.

It is the sum of special damages that often makes cauda equina compensation awards so very high. This is because many people who make a cauda equina claim are unable to return to work. This future loss must be reimbursed. Therefore if someone was due to continue working for a number of years to come, the sum of compensation will be very large – especially if he or she was a high earner.

The sum of general damages and the sum of special damages will then be added together to make an amount of compensation that duly reflects the physical, emotional and financial harm you have wrongfully endured.

Talk to a solicitor about claiming compensation

If you would like to know more about claiming cauda equina compensation, contact us today and speak to one of our friendly solicitors.

Please call us free on 0800 234 3300, from a mobile click to call 01275 334030 or complete our Free Online Enquiry for a no cost, no obligation opinion.

Share Article With: