Personal Injury Claim: Fibromyalgia
Developing fibromyalgia after an accident or medical incident can have a lasting impact on daily life. The condition is complex, often involving chronic pain, fatigue, and other symptoms that can affect a person’s ability to work or enjoy life as they once did. If you have developed fibromyalgia because of someone else’s negligence, you may be entitled to make a personal injury claim for compensation.
At JMW, our personal injury team includes specialist fibromyalgia lawyers who understand the challenges of this condition. We have extensive experience representing people in fibromyalgia accident claims, including cases linked to car accidents, whiplash injuries, and other traumatic events. Our solicitors will guide you through the process, gather the necessary medical evidence, and work to secure the compensation you deserve.
To speak to one of our experienced solicitors about a fibromyalgia compensation claim, call us today on 0345 872 6666 or complete our online enquiry form and we will get back to you.
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How JMW Can Help
Our solicitors have many years of experience helping people who live with fibromyalgia caused by another person’s negligence. We understand the impact widespread pain and fatigue can have on daily life, which is why we approach every case with care and sensitivity. Our role is to provide clear legal advice and pursue fibromyalgia compensation claims that reflect the challenges this chronic pain condition brings.
In some cases, symptoms of fibromyalgia have been mistaken for whiplash or soft tissue injuries following a road traffic accident. If you continue to experience pain or other symptoms after such an event, it is important that these are properly investigated rather than dismissed. Our specialist fibromyalgia lawyers work with medical experts to gather the evidence needed to link your condition to the traumatic event or accident that caused it.
A fibromyalgia personal injury claim can include compensation for:
- Loss of earnings.
- Medical expenses such as prescriptions and treatment.
- Lifestyle changes - for example, paying for taxis due to mobility difficulties, or ongoing therapies such as massage or CBT that help manage chronic pain.
We act on a no win, no fee basis, meaning there is no financial risk to you when pursuing a fibromyalgia accident claim with us.
JMW is recognised by the Legal 500 and Chambers & Partners as a leading law firm in personal injury law. Our personal injury team has built a strong reputation for delivering positive outcomes for people with complex conditions, including those who have developed fibromyalgia after an accident. See a list of our case studies here.
We know that stress can both trigger and worsen fibromyalgia symptoms. With this in mind, we aim to make the claims process as straightforward as possible. We will liaise with insurers, medical professionals, and other parties on your behalf so that you can focus on your recovery. If you need additional support while your case progresses, we can help arrange medical treatment or therapy to aid in managing your condition.
When you make a claim for fibromyalgia compensation with JMW, you can be confident that your case is in the hands of experienced professionals who understand both the legal process and the challenges of living with a chronic pain condition.
Meet Our Team of Fibromyalgia Solicitors
Our personal injury team at JMW is made up of dedicated and experienced professionals, who will provide compassionate support and expert guidance to help you through your fibromyalgia claim.
Case Studies
Fibromyalgia suffered in a car accident - £290,000 in compensation awarded
JMW has secured £290,000 compensation for a client after she was diagnosed with fibromyalgia as a result of a serious car crash.
The Case
Mrs H suffered whiplash-style injuries, including stiffness, neck pain and a headache, after being thrown back and forth in her seat after the car she was in was hit by another car. Mrs H was in pain for the days following the accident. Her symptoms worsened in the months after the accident, and it was clear that Mrs H was not suffering from whiplash. Mrs H was ultimately diagnosed with fibromyalgia, a chronic pain condition.
Diagnosing Fibromyalgia
At the start of Mrs H's claim, a letter of claim was sent to the defendant's insurer, who admitted liability for the accident. For many days and months after her accident, Mrs H was in pain, struggling with household tasks and suffering from depression, and required a lot of help from her husband.
We arranged for Mrs H to be examined by an independent medical expert, who advised that Mrs H was potentially suffering from post traumatic stress disorder, had sprained her spine and experienced a soft tissue injury to her chest as a result of the accident.
Mrs H also had a number of symptoms not typically associated with a whiplash-style injury; headaches, bruising sensations across her body, stiffness, depression and insomnia. Mrs H was referred to a rheumatologist by her GP, who diagnosed her with fibromyalgia.
Preparing Evidence
We had an independent rheumatologist examine Mrs H, who made a medical report we could disclose to the defendant’s insurer, who then made an offer of £25,000 to settle the case.
We discussed Mrs H's claim with a barrister, including her future loss of earnings, as Mrs H was to become a managing director at her company before her accident. Jason did not feel the £25,000 was a reasonable offer given the circumstances, and the limits fibromyalgia put on her capacity to work, and advised Mrs H to reject it, which she did.
Evidence to support Mrs H's case was gathered, including witness statements from her employers, her husband, her mother-in-law and Mrs H, all of which were disclosed to the defendant's insurer. Jason also compiled a Schedule of Loss for Mrs H, obtained updated medical records and got Mrs H re-examined by the rheumatologist.
It was also appropriate for us to get a care assistance expert to provide us with a report on Mrs H's ongoing care requirements, so Jason arranged that appointment. We liaised with the defendant’s insurer during this time.
Issuing Court Proceedings
The defendant's insurers then employed a solicitor to manage the claim. We also received the second report from the rheumatologist, which said Mrs H's condition should be classed as moderately severe.
We received an offer of £125,000 from the defendant's solicitor to settle the case, which was still not appropriate, and we advised Mrs H to reject it. We also received the care assistant expert’s report, which advised Mrs H would need additional support to meet her needs.
We took a second witness statement, providing an update on Mrs H's condition. As her case was approaching its limitation deadline, we issued court proceedings against the defendant. We served the care assistant expert’s report, alongside the revised schedule of loss and provided the defendant’s solicitor with access to Mrs H's medical records.
The defendant’s solicitor also requested that Mrs H be examined by their own medical expert and, while they still accepted liability for the initial road traffic accident, they required proof of Mrs H’s fibromyalgia. We agreed to the examination and invited them to a joint settlement meeting to settle the case early.
Joint Settlement Meeting
Our proposal of a joint settlement meeting was accepted. At the meeting, Jason, our barrister, and the defendant’s legal team, undertook heavy negotiation on the case. After starting with a low offer, we were able to agree a settlement of £290,000, which Mrs H was extremely happy with. She has said of Jason: "Jason and his colleagues didn’t once make me feel like 'just another file' on someone's desk and everyone at JMW has been very attentive, sympathetic and genuine. I know Jason has put a lot of work into my case and I'm very grateful to him."
Misdiagnosis and Mistaking Fibromyalgia for Whiplash
One of the major issues when it comes to the misdiagnosis of fibromyalgia is that it is often mistaken for whiplash. When this happens, it can add years onto a person's recovery process because they are not being treated correctly. An incorrect diagnosis can have very serious consequences, therefore, a claim for compensation represents a way to make up for any unnecessary pain and suffering or delayed treatment experienced as a result. It is also why using a solicitor experienced in dealing with fibromyalgia claims is important; they will recognise problems you’ve encountered that other solicitors may not, and be able to guide you towards the best treatment package possible that will aid your recovery.
Suffering Depression Following an Accident
The psychological impact of an accident is something that is also taken into account as part of a claim for compensation. If a person's life is negatively impacted following an accident, it is only natural that they may suffer from depression or similar issues as a consequence. Depression is a symptom of fibromyalgia, and could indicate a more serious problem.
When Can I Claim For Fibromyalgia?
If you have developed fibromyalgia as a result of someone else’s negligence - for example, following a road traffic accident, whiplash injury, or another traumatic event - you may be able to bring a fibromyalgia compensation claim. It is also possible to claim if you already lived with fibromyalgia, but your condition has been made worse by an accident.
To make a successful fibromyalgia accident claim, it is necessary to show:
- That another person’s negligence caused or contributed to your condition.
- That you sustained a physical injury or trauma that has been linked to the onset of fibromyalgia.
- That the condition has had a measurable effect on your quality of life, such as ongoing severe pain, fatigue, or the need for medical treatment and lifestyle changes.
Medical evidence is a crucial part of a fibromyalgia personal injury claim. Our experienced solicitors will work with medical professionals, including pain specialists and mental health experts, to obtain reports that demonstrate the connection between your accident and your fibromyalgia symptoms. These reports can also detail the effect on your daily life, employment and long-term prognosis.
Our personal injury team has handled many complex fibromyalgia cases and understands both the medical and legal issues involved. We will guide you through the process of gathering evidence, from witness statements to medical records, and present a strong claim on your behalf.
To learn more about your eligibility to make a fibromyalgia personal injury claim, speak directly with our team. Contact JMW today and we will advise you on your options.
FAQs About Fibromyalgia Compensation Claims
- What is fibromyalgia?
Fibromyalgia is a chronic pain condition that can cause widespread pain and discomfort throughout the body, often affecting areas such as the neck, shoulders, back and knees. People who live with fibromyalgia may also experience chronic fatigue, problems with concentration or memory, sleep disturbance, mood changes, and other symptoms including digestive issues or numbness in the hands and feet.
Despite being relatively common, fibromyalgia is still often misunderstood. Awareness of the condition remains limited, and its symptoms can overlap with those of other chronic pain conditions such as rheumatoid arthritis or chronic fatigue syndrome. This can lead to misdiagnosis and delays in accessing appropriate medical treatment.
For many people, fibromyalgia has a substantial impact on day-to-day life. The combination of widespread pain, fatigue, and other symptoms can affect work, relationships, and overall quality of life. Understanding the main symptoms of fibromyalgia is therefore an important step in securing the right diagnosis and support.
Consult our infographic for more explanation on what fibromyalgia is, and how it might be misdiagnosed.
- What causes fibromyalgia?
The exact cause of fibromyalgia is not fully understood, but research suggests it is linked to the way the central nervous system processes pain signals. People with fibromyalgia are thought to have changes in the levels of certain brain chemicals, such as serotonin and substance P, which can amplify the way pain is experienced.
In many cases, fibromyalgia develops after a traumatic event or physical injury, such as a car accident or whiplash injury. Stressful events, both physical and psychological, are also recognised as potential triggers. These incidents can disrupt the body’s pain pathways and may explain why some people develop chronic widespread pain after an accident.
There is also evidence of a genetic link. Doctors believe fibromyalgia is more likely to occur in people who have close relatives with the condition, which suggests a hereditary factor.
Other research points to associations with chronic fatigue syndrome, irritable bowel syndrome, rheumatoid arthritis, and other chronic conditions. These links may indicate that fibromyalgia is part of a wider group of conditions connected to the nervous system and immune response.
While the exact cause remains uncertain, what is clear is that fibromyalgia is often triggered or worsened by stressful or traumatic events. This is why people who develop fibromyalgia following an accident caused by someone else’s negligence may be entitled to make a fibromyalgia compensation claim.
- How is fibromyalgia diagnosed?
Diagnosing fibromyalgia can be challenging because there is no single test to confirm the condition. Instead, doctors rely on a combination of medical history, reported symptoms and physical examinations. Common symptoms include widespread pain, chronic fatigue, sleep disturbance, and problems with concentration or memory. These must usually be present for several months before a diagnosis is considered.
Medical professionals will often carry out blood tests or scans to rule out other conditions with similar symptoms. Once other explanations are excluded, a diagnosis of fibromyalgia can be made based on the persistence and severity of symptoms.
Specialists may also look at how pain is distributed across the body. Widespread pain affecting both sides of the body, above and below the waist, is a key feature of fibromyalgia. Doctors may assess other symptoms, such as irritable bowel syndrome, headaches, or sensitivity to touch, which frequently occur alongside the condition.
Accurate diagnosis is particularly important when fibromyalgia develops after an accident. Without clear medical evidence, symptoms may be mistaken for whiplash or other soft tissue injuries, making it more difficult to pursue a fibromyalgia personal injury claim. Our solicitors work with medical experts to ensure the right diagnosis is obtained and documented, strengthening your fibromyalgia compensation claim.
- Can a car accident cause fibromyalgia?
Fibromyalgia can develop in people who have been involved in a car accident. This may be linked to a direct physical injury, such as whiplash, or to the stress and psychological impact of the traumatic event. A road traffic accident can also make pre-existing fibromyalgia worse, with symptoms such as widespread pain and chronic fatigue becoming more severe.
Because the condition can take time to develop, it is not uncommon for fibromyalgia after a car accident to be misdiagnosed as another injury. Whiplash and other soft tissue injuries can present with similar pain symptoms, which can delay proper diagnosis and treatment. This misdiagnosis can have consequences when it comes to making a fibromyalgia accident claim, as it may affect the availability of early medical evidence.
Our personal injury solicitors have handled many fibromyalgia and car accident cases, including situations where symptoms were initially mistaken for whiplash. We work closely with independent medical experts to secure accurate diagnoses and provide clear evidence that fibromyalgia developed as a result of the accident. This evidence is essential in pursuing fair fibromyalgia compensation claims.
JMW has successfully obtained fibromyalgia compensation payouts for people affected in this way, helping them secure settlements that cover loss of earnings, medical treatment, and the long-term costs associated with managing a chronic pain condition.
- Is fibromyalgia a disability?
Fibromyalgia is recognised as a disability under section six of the Equality Act 2010. The act defines a disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.
For many people who live with fibromyalgia, the condition meets this definition because of the ongoing severe pain, chronic fatigue, and other symptoms it causes. These symptoms can affect mobility, concentration, sleep, and a person’s ability to work or maintain their usual lifestyle. The impact is often long term, as fibromyalgia is a chronic condition with no known cure.
Being classed as a disability means that people with fibromyalgia are legally protected from discrimination in the workplace and in wider society. Employers, service providers, and public bodies have a duty to make reasonable adjustments to support individuals whose daily life is restricted by the condition.
When pursuing a fibromyalgia personal injury claim, the recognition of fibromyalgia as a disability can also be relevant. It may help to demonstrate the substantial effect the condition has on quality of life, strengthening the case for compensation to cover loss of earnings, medical expenses, and long-term care needs.
- Can I claim PIP for fibromyalgia?
People who live with fibromyalgia may be eligible to claim Personal Independence Payments (PIP). PIP is a government benefit designed to support people who have a long-term health condition or disability that affects their ability to carry out everyday tasks or move around.
Fibromyalgia is recognised as a chronic condition that can cause widespread pain, chronic fatigue and other symptoms that impact daily life. If these symptoms substantially limit your independence or mobility, you may qualify for PIP. The assessment considers how your condition affects you, rather than the specific diagnosis, so the focus will be on the extent to which fibromyalgia restricts your ability to carry out normal activities.
If you are unsure about eligibility, take a look at the official government guidance.
- What is the average settlement for a fibromyalgia accident claim?
The compensation amounts of personal injury claims can vary widely due to the many factors involved. Your compensation amount will be calculated based on your wage losses and medical expenses, added support that you may need going forward, and the physical and mental trauma that you have experienced. For fibromyalgia claims, these factors can be very severe or relatively mild in the early stages of the condition, making it difficult to calculate an average settlement for fibromyalgia. UK claimants can claim compensation awards valued from thousands of pounds to over one million.
We have secured fibromyalgia payouts for clients in all states of injury, from those who are in severe pain due to long-undiagnosed fibromyalgia to those who have developed it recently as the byproduct of an accident.
To get an idea of how much compensation for fibromyalgia you may be able to claim, speak to our solicitors today. We will hold a no-obligation phone consultation to understand your issue and explain how we may be able to help.
- Why should I seek the help of a specialist fibromyalgia lawyer?
Making a fibromyalgia personal injury claim can be complex. The condition is often misunderstood, and symptoms such as widespread pain or fatigue can be mistaken for other injuries. To build a strong case, it is essential to have expert medical evidence and a clear link between the accident or traumatic event and the development of fibromyalgia.
A specialist fibromyalgia lawyer can guide you through this process. At JMW, our experienced solicitors work with medical professionals to obtain the detailed reports needed to support fibromyalgia compensation claims. We understand the challenges of living with a chronic pain condition and how it can affect daily life, employment and long-term wellbeing.
Compensation can cover the costs of medical care, therapy and lifestyle changes, as well as any loss of earnings. Our personal injury team has a strong track record of success in fibromyalgia accident claims. We are not only experienced in personal injury law, but also familiar with the specific complexities of fibromyalgia cases.
Talk to Us
To speak to one of our fibromyalgia compensation claims lawyers about making a claim, simply call us on 0345 872 6666. Otherwise, complete the online form on this page and our team will get back to you as soon as possible.
