Fibromyalgia affects more than a million people in the UK and is most commonly caused, or exacerbated by, physical traumas, such as car accidents and falls, often due to no fault of the patient.
There is no cure for fibromyalgia but many people who have been diagnosed with the syndrome are able to live a healthy and full life, especially those considered to be suffering with the lower level, less severe versions of the syndrome.
Can I claim compensation for fibromyalgia?
If your fibromyalgia symptoms were caused by, or were made worse as a result of, another person’s negligence, then you may be eligible for a fibromyalgia compensation claim. Whether you were involved in a car accident that wasn’t your fault, had an accident at work, or had a slip or trip, you may be able to claim compensation for your losses.
In order to claim, you will need to be able to demonstrate that the negligence was the cause of your fibromyalgia symptoms. Additionally, the value of your claim will depend entirely on the severity of your symptoms and the effect it has had on your ability to work.
Medical experts will be instructed to assess your symptoms and provide their opinion on the effect your accident has had on your quality of life, and how that is likely to change in the future. If you’re looking to make a claim, the general rule is that you must claim within three years of knowledge of the negligence which caused your symptoms, however, there are exceptions to this rule.
What is the average settlement for fibromyalgia claims?
Fibromyalgia personal injury claims can often attract a large sum in compensation, although the exact amount will depend on the severity of the injury and the impact it has had on your life. The value of the compensation claim can vary greatly from one case to another, from around £100k to more than £1.5 million.
The injury aspect is compensated with an award for pain, suffering and loss of amenity (PSLA), with the guidelines being set by the Judicial College. The other aspects of the damages award is compensation for financial losses and expenses which occur due to negligence. This includes loss of earnings, aids, equipment, medical treatment and care.
When it comes to fibromyalgia compensation claims, it’s difficult to predict the average settlement, due to the fact that claims are assessed on a case-by-case basis. For example, if a young person in a high-paying job claimed compensation for fibromyalgia, they would assess the effect it has had on their life. Such as, if they were never able to return to work and required a high level of care, then they could expect to receive a large compensation pay-out.
However, if someone who is close to retirement in a lower-paying job were to claim, it would be decided that the negligence will impact their life for a much shorter amount of time, so they could expect to receive a much lower award of damages for the same injury.
Compensation can vary, but the key is acting fast and getting experts who really understand your condition and the impact this has on your life.
If you are suffering from fibromyalgia, CRPS, or any chronic pain condition as a result of an accident that was not your fault, and even if you have an existing claim, get in touch with Brian Barr Solicitors to see if we can assist. It is simple and hassle free to move your claim to Brian Barr Solicitors who are experts in dealing with chronic pain litigation. Call us today on 0161 737 9248 or visit our website (www.brianbarr.co.uk) to find out more.