A Guide to the Litigation Process for Fibromyalgia Sufferers

Choosing to undertake litigation when you’re living with fibromyalgia caused by an accident or not covered properly by an insurance policy is a big decision. You are already in the position where you know you deserve the compensation but you need to follow the right processes to ensure you end up with it. Fibromyalgia compensation is not easily won but with the right specialist solicitor it is possible.

The process should roughly follow this order:

Choose a solicitor

Choose a solicitor who has a track record in handling fibromyalgia cases. This will ensure they know what they’re talking about and will believe you, whereas others will not have the experience to support your case.

Investigation

The investigative stage is where you need to offer all the evidence of the accident or injury up. You also need to name the proposed defendant, highlight your injuries and long-term prognosis and detail all your losses due to the accident or injury.

Issue and Serve Proceeding

This needs to be done within three years of the accident or injury. Some defendants will deny there is any fault on their part which is when your solicitor will have to help you prove they were responsible and caused the accident. In most road traffic accidents the defendant will admit fault but then deny your losses and injuries are as substantial as you claim.

Instruct Experts

Suitable experts will be chosen to dissect the case and report back. In most instances your experts will report differently to the defendant’s. This is the point at which experts will try and reach an agreement and you or the defendant may choose to put forward an offer for consideration to settle.

Proceed to Court

If agreement can’t be reached then the case will go to court where a judge will decide on the outcome and you’ll either receive the compensation you were expecting or not.

Most cases can be settled before going to court and if you instruct a specialist you should be satisfied with the outcome.

Compensation for Fibromyalgia after an Accident

Fibromyalgia is a life-changing chronic pain syndrome that effects the muscles and body tissue. It can result in joint stiffness, fatigue and continual, naturally unmanageable pain. It can occur as a result of a traumatic accident, a slip or fall and for many people is left undiagnosed for many years.

To be able to claim fibromyalgia compensation individuals need an official diagnosis. This can be hard to diagnose as it can’t be seen on x-rays, through blood tests or even through various scans. It is often a diagnosis doctors are careful about as it is so hard to pinpoint.

Living with fibromyalgia or any chronic pain is difficult and it can mean you need to make significant lifestyle changes. This is why a claim is necessary if you have seen the condition develop after an accident at work or through a road traffic accident.

Fibromyalgia can lead to the development of emotional problems as well as physical so the damage can be two-fold at least and it can be a hard condition to get to grips with. It isn’t a condition which can be seen, so socially sufferers can feel isolated as friends and family can’t quite understand how it can be as difficult to live with as you describe. These are just some of the consequences of the condition.

If you want to make a case for compensation for your condition you’ll need a specialist solicitor who has experience in the field and is also sensitive to your needs. They may need you to carry out a further medical assessment and there is the chance you will be able to take advantage of psychological therapy and physiotherapy to further alleviate your symptoms.

If it can be proved that your condition is caused by the traumatic accident then you should be entitled to compensation which should be able to be used to make living a little less difficult.