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.
