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.

Making a Personal Injury Claim for CRPS

Living with Complex Regional Pain Syndrome (CRPS) is never easy to manage and psychologically it can be even harder if you know the syndrome has been caused by the actions of someone else. CRPS can be caused by an accident at work, a road traffic accident or perhaps a traumatic injury in a public place. In these instances it isn’t your fault and you can make a CRPS claim.

The first step is to find a solicitor who specialises in the condition or related chronic pain injury cases. You can utilise the Law Society directory to find a specialist or utilise the recommendations of friends or family.

Once you’ve chosen your solicitor they will need a considerable amount of information from you to put your case together, including:

• When the accident or injury took place
• The date of the accident or injury and how it happened
• The contact details of any witnesses
• The full details of your injury, medical diagnosis, treatment and long term prognosis

They may also ask you to provide proof of loss of earnings or any medical expenses such as the cost of physiotherapy or any other treatment you’ve had to alleviate the symptoms of your condition. With this information you solicitor should be able to tell you the likelihood of your case succeeding and the approximate compensation amount you should be able to expect.

If they agree to take your case on you should be provided with all the legal processes involved in the case and also send you a letter summarising the advice regarding your case and written proof they are acting on your behalf. All costings and potential fees should be worked into this letter and discussed where appropriate too.

CRPS can mean that your entire lifestyle needs to be adapted and this is why compensation exists.