Fibromyalgia Claims

The trauma associated with fibromyalgia, its lifelong impact and often complex diagnostic process, all mean that for someone who wishes to make a claim for developing fibromyalgia as the result of someone else’s negligence, working with a lawyer who has substantial expertise in this area is vital.

The personal injury team at JMW has a great deal of experience when it comes to helping people make a claim if they have been diagnosed with fibromyalgia after an accident that wasn’t their fault and we understand the needs and sensitivities sufferers of this chronic pain disease have. Our goal is to work with you sympathetically, to get you every penny of the compensation to which you are entitled.

If you believe that your situation means you could be entitled to make a claim for fibromyalgia compensation, then call our team on 0800 054 6078 or fill in our online form to let us when is best to contact you.

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What Our Clients Say
  • T9 Spinal Cord Injured client praises Paul Breen after £2.47m settlement

    In September 2015 I was knocked off my scooter by a speeding motorist who collided with me on a roundabout. As a result my family and I decided to make contact with Paul Breen to consider making a claim against the car driver.

    I was initially surprised to learn that the driver of the car was through his insurers disputing fault for the accident and Paul engaged the services of an accident reconstruction expert to assist with liability investigations. Very shortly after he became involved and produced a report Paul was able to resolve liability for the accident. Liability was agreed on a 100% basis in my favour. This was vitally important due to the injuries I had sustained.

    When I landed on the ground, I lost all sensation to my lower limbs and couldn't move either of my legs. It transpired that I'd suffered a T9 complete spinal cord lesion. This meant I was paraplegic and would never walk again. It was a complete shock to the system and meant that I would need to completely reassess my life. 

    I cannot emphasise enough the difference he was able to make to my life immediately after getting involved with my case. Paul was able to get the right people in place to help me rebuild my life and got my rehabilitation underway really quickly. Together with my case manager, he helped me to tackle a number of issues that both myself and my family would have to face. Having a young family presented its own difficulties, child care had to be organised, my wife worked full time and was the sole breadwinner, we couldn't manage without her income. With the assistance of Paul, I was introduced to a case manager who had extensive expertise in cases involving spinal cord damage and this was vital in the following months to aide my inpatient rehabilitation at a spinal unit and to facilitate at the earliest opportunity, my discharge from hospital. It was a whole new world of challenges I was to be faced with, as a full time wheel chair user; bowel management, understanding about skin integrity, exercise and the importance it played in avoiding infections and ill health. These were just a few or the personal challenges I would face. It became apparent from a very early stage that my previous home wasn't suitable for a wheelchair user, and couldn't be adapted, so Paul and his team helped me with identifying a new home, obtaining expert evidence as to its suitability to purchase and subsequently adapt so as it was wheelchair friendly and I could live as independently as possible with a care regime in support of me.

    As a direct consequence of Paul's early involvement, I only spent two and a half months in the rehab centre, and I was able to leave and continue my recovery outside of the hospital in a suitably and only partially adapted rental home whilst the new property was being purchased and planning being obtained for adaptation. 

    Just 16 months after my accident, I feel that Paul has made sure my life is firmly back on track. I've even taken delivery of an adapted vehicle, helping me maintain a lot of the independence which I had before the accident. 

    Paul has been there for me every step of the way. Without his involvement, I certainly wouldn't have made such progress in my recovery and be ready to move on with my life and looking forward to an independent future. His work means that I can live in a home that takes my needs into account and be as independent and mobile as my disability allows. He has done nothing less than help to give me my life back and for that, I am truly grateful."

  • "A definite asset to the firm"

    "I suffered a spine and head injuries as a passenger in a road traffic accident abroad and all I can say is; Jason Harwood, I'm glad to have had you to handle my case.  I would like to say thank you for all the hard work and long hours you put into the case.  You kept me informed at every stage and patiently and clearly explained to me the legal process, its implications and the considerations I would need to make throughout the course of my claim.  I gratefully appreciate that you were always available at the end of the phone or an email if I had any questions throughout the case, and you ultimately ensured l got the compensation l deserved due to my injuries, being clear on an appropriate settlement for me right to the last day at the negotiation table. You are both a professional and personable individual and I am happy with the settlement I received.  

    Jason Harwood, I shall speak highly of you and recommend where appropriate.  A definite asset to the firm.  Bless you."

  • If I need any further legal advice in the future, I will definitely be calling up JMW Solicitors!

    “I have worked as a paint sprayer for more than 26 years, when one day, the grinder in our workshop jammed and was forced out of my hands.  It caused a deep laceration to my left wrist and sliced my abdomen, leaving me in need of hospital treatment and a spell of time off work to recover. 

    “I decided to make a claim and was put in touch with JMW Solicitors, where Anna Ozarowska-Roberts handled my claim.  Anna was great to deal with and never left me in any doubt that I’d get a good result on my claim.  Anna kept in touch with me throughout the case, and was quick to let me know when she had any information about how my claim was progressing.  She always kept me informed with what the next steps were, what would be needed from me and what I could expect to happen. 

    “As well as claiming for my injuries, Anna Ozarowska-Roberts helped me claim back the wages I’d lost after needing to take time off for my injuries to heal, and the expenses I’d had as a result of having to seek treatment in a hospital.  I didn’t realise I’d be able to do this when I first made a claim, and it was really helpful to have that extra information from Anna, letting me know exactly what I could claim for. 

    “Anna negotiated a higher settlement for me than had originally been offered, one that we both felt was right.  I was delighted with all her hard work in resolving my claim.  She’s done me proud and if I need any further legal advice in the future, I will definitely be calling up JMW Solicitors!”  

     

     

  • "I’m really happy with the service I had, and wouldn’t hesitate to recommend JMW to anyone."

    “My wife and I had booked a holiday to Turkey that we’d been really looking forward to, but instead, it turned into the holiday from hell as I suffered food poisoning whilst we were away.  I found the hotel had very unsanitary conditions; one side of the restaurant was open, next to the pool, with all the food laid out next to trays, without any lids on them to cover them up.  We didn’t know how long the food had been out, and when we’d tried it, it was often lukewarm. 

    “I’d started to feel ill from the second day, but two days before the end of our trip, I ate a burger off an outdoor hot plate that formed part of the hotel’s outdoor catering facilities. It made me feel extremely ill and ultimately that night, I had to be taken to hospital and spent the night in hospital, on a morphine drip. 

    “I wasn’t able to enjoy the rest of our holiday at all, and felt ill the entire way home.  Two days after we returned to the UK, my wife and I discussed things and I decided to see if I was able to seek legal advice for my illness.  An online search revealed JMW Solicitors and I got in touch with them. 

    “I spoke to JMW and from the word go, you were absolutely brilliant.  All the correspondence to me throughout my claim was first class.  JMW was able to put both mine and my wife’s mind at rest whenever we had a question.  We were concerned we’d be charged, but your letters explained everything, assuring us of the position and that there would be no up front costs. 

    “We were guided through every step of the case really well, in a way that felt very straightforward and made things easy to deal with.  You told me if I needed to fill in any forms, when I would need to go and be examined by an independent medical expert and made things very clear.  I was happy with how long it took JMW to settle my case for me, and you ultimately got me back the cost of the holiday and our spending money, with a little more besides.  I’m really happy with the service I had, and wouldn’t hesitate to recommend JMW to anyone who’s found themselves suffering from the symptoms of food poisoning abroad thanks to the poor facilities offered by their hotel.”  

  • "It was a pleasure to deal with Sam"

    “I suffered a neck injury whilst a passenger on a bus.  I wasn’t considering making a claim initially, but then my partner noticed I was still in pain and suffering from some residual problems, so did a little online research, and found JMW Solicitors. 

    “I dealt with three solicitors at the firm, with Sam McElroy bringing my case to a conclusion.  It was a pleasure to deal with Sam.  He always kept me up to date, passed me on information over the phone, or via email, about where my case was up to.  I’d never have to call or chase him. 

    “Sam was very friendly and helpful.  It felt as though he genuinely tried hard for me, and Sam’s attitude was that he really wanted to help me get as much as possible, and push for me.  If ever I needed to make a decision, things were always explained well.  I knew what my options were in a situation and could easily make a choice. 

    “I was really happy with the settlement Sam got for me, and I’ve actually already recommended Sam and JMW to other friends who’ve needed help.  It was really good to deal with Sam, and my general overall experience was very satisfactory.”  

  • Raana has been totally professional and helpful

    Raana has been totally professional and helpful throughout my fifteen month compensation claim against the defendant.  I received regular updates on how my case was progressing and always felt that she was always available at the end of the phone or by email if I had any questions. My compensation amount was much higher than I anticipated and I was extremely happy with my award. I would not hesitate recommending the services of JMW Solicitors to friends, family and anyone else.

  • "Raana has always been responsive and sympathetic"

    "After suffering from a trip and fall injury I was put in contact with JMW Solicitors via one of the legal portal websites. I received very professional and courteous advice so I engaged them to handle my case.

    My solicitor at JMW, Raana Afsarpour, has been very effective at handling the case and I have felt very confident in JMW as a result of her attention. Although the case was quite challenging at times Raana has always been responsive and sympathetic.

    My case has now been successfully resolved and I am very pleased with the result.

    I would definitely recommend JMW Solicitors in the future."

     

  • "I thought she was brilliant."

    “I was a rear seat passenger in my friend’s car and was injured as he was going around a bend.  Unfortunately he hit a bollard and that caused me to hit the seat in front.  As a result I suffered with neck and back pain, as well as sustaining a fractured cheekbone and nose.  I also needed to have septorhinoplasty surgery to avoid permanent damage.

    I decided to make a claim for my injures and did some online research.  I found JMW through my research, after reading some positive testimonials and reviews from former clients. 

    My experience with JMW Solicitors was brilliant.  Charlotte took control of my case at an early stage and throughout the case, she was a great presence.  Charlotte made sure I knew and fully understood what was going on at every stage, answering any questions I might have had and taking the time to explain things to me, so that there wasn’t any confusion.  It was clear that any decisions on the case were mine to make, but with considered, thoughtful guidance from Charlotte and the JMW team.  This guided me to making informed decisions and ultimately, meant that I got a great settlement. 

    I would absolutely use JMW Solicitors again, and Charlotte.  I thought she was brilliant and there’s nothing more to say!”

     

  • "I can't praise Natasha enough"

    “I had planned a lovely week-long holiday with my daughter and granddaughter in a hotel in Devon, where some meals were included as part of the cost of the package I’d paid for. 

    Sadly, after my first full day at the hotel, I was dreadfully ill with sickness and diarrhoea and had to be confined to my hotel room for a few days, along with about a third of the guests, including my daughter.  Needless to say, the illness, which was diagnosed as norovirus, completely spoiled our holiday. 

    After I got home, I’d discussed the problem with one of my neighbours, who saw the JMW website online, got the phone number and passed it to me to call. 

    From the moment I spoke with Natasha, I felt immediately put at ease.  Natasha was very approachable and really empathetic.  Straightaway, I felt that she understood what I’d gone through at the hotel, and after my stay whilst I was recovering. 

    I had initially tried to get some answers myself; I’d contacted a local reporter and the environment officer at the council, as I was so upset with how the hotel had been dismissive of the situation.  It felt clear to me that something had gone badly wrong, but I was made to feel unimportant by the people I originally went to for answers.  Natasha however, was absolutely brilliant.  I had plenty of information from her; she kept me up to date throughout the course of my claim and made me feel like I could trust her and she would deal with my situation in a calm, professional manner. 

    It felt as though she’d taken a weight off my shoulders; I left everything with her and it meant that I didn’t need to worry any more.  I’d spent weeks trying to get some sort of resolution, but handing it all to someone I could trust made me feel relieved. 

    Natasha was very patient, making sure everything was in a language I could understand and  that I understood what was going on, what my options were and how the case was being dealt with.  It was ultimately this positive attitude that allowed her to push the case to a conclusion.

    I can’t praise Natasha enough and I would, of course, recommend her and her colleagues at JMW Solicitors. 

    Thank you, Natasha!”

     

  • Thank you very much

    "Thank you very much for your help in settlement of my claim. Please also send my regards and thanks to Angela. Your friendly and professional advice has been much appreciated. Wishing you all the best."

    Ms C

  • I'm in awe of it all

    "Good morning.  This is to acknowledge your e-mail and letter by post, thank you. I 'm still quite in awe of it all. Thankyou so much for sticking with me for this past four years. The outcome was and still is amazing to say the least. I remain forever viglant and professional as always at work now. Bravo."

    Miss H, Torquay

     

  • I would just like to thank you

    "I would just like to thank you for all your hard work in getting me a happy result. I know it's your job, but I appreciate it was potentially a tricky one to tackle, I didn't find any other solicitors prepared to take the challenge!"

    Ms C, Warwickshire

     

What is Fibromyalgia?

Fibromyalgia is a debilitating chronic pain condition that leaves sufferers in near constant pain or discomfort. It can cause pain all over the body, from the neck to lower back and knees. Other common symptoms fibromyalgia sufferers can experience include chronic fatigue, mood swings, bowel and bladder issues, numbness and cognitive dysfunction.

The condition is often misunderstood and awareness remains low, even though it can have a very serious impact on a person's day-to-day life. Some people who suffer from fibromyalgia do not realise that the condition is the cause of their suffering, and may believe they are instead suffering from something else prior to being correctly diagnosed.

In our experience as legal professionals, some fibromyalgia sufferers have had their symptoms mistaken for whiplash and soft tissue injuries. We believe it is important that someone who is suffering from pain - whether or not triggered by an accident - makes sure they are not compelled to accept a diagnosis if their symptoms have not subsided.

The following infographic provides more explanation on what fibromyalgia is, and how it might be misdiagnosed. To make the infographic larger, click it once to open it in a new page, then click it again to zoom in.

what is fibromyalgia?

FAQs

  1. Can I Make a Claim?

    If your fibromyalgia was caused by an accident that was a result of someone else’s negligence, or by a failure in another person’s duty to protect you from harm, then you are entitled to make a claim for compensation.

  2. What Could My Claim Cover?

    Anyone who has ever suffered an incapacitating injury or illness will know just how much it can impact day-to-day life. A claim for your suffering from fibromyalgia can include compensation  for financial losses such as:

     

    • Loss of earnings
    • Medical costs, including prescriptions
    • The costs associated with having to change your lifestyle, for instance, having to travel in taxis due to the pain, or having regular massages or CBT, both of which can help to manage symptoms

     

  3. Is Fibromyalgia a Disability?

    Fibromyalgia is classified as a disability under section six of the Equality Act 2010, which describes 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.

  4. Will I Still Be Able to Work?

    Ultimately, your ability to work will be determined by the severity of your injury and its impact on you. If you are able to achieve management of your condition that allows you to continue in the job you had before the accident, then of course, there is no reason for you to stop working.  However, fibromyalgia is a complex disease and it may be that you are only able to do a proportion of the work you were doing before the accident, or that you require a different job, or even that you are not able to manage to work.

    If you are able to stay in work but require additional support or for your role to be modified, your employer must make adjustments so you can continue in your role comfortably - if your employer fails to do so, or treats you differently, this could be classed as discrimination, something that our team will be able to advise you on dealing with.

Can Fibromyalgia Be Caused by a Car Accident?

It is possible for a car accident to cause fibromyalgia as the condition can be misdiagnosed as whiplash. If you have been involved in an accident that was caused by somebody else’s negligence, you are entitled to make a car accident fibromyalgia claim. You are also entitled to compensation if you already suffer from fibromyalgia and have been involved in a car accident that has made the condition worse. 

Why Choose JMW?

The team at JMW has vast experience helping individuals who suffer from fibromyalgia caused by another person’s negligence. We understand that coming to terms with the impact it can have on your life is incredibly difficult, which is why we handle all cases with the utmost care. Our experience allows us to help sufferers and their families come to terms with these new circumstances, and provide comprehensive legal advice on securing financial compensation.

We will assist you in securing compensation that will help give you the freedom to recover and rehabilitate stress free. We offer you a no win, no fee service, which means there is no financial risk for you if you do choose to make a claim with us. To find out how much you could be entitled to, visit our compensation calculator.

Case Study

  1. Case Study: Fibromyalgia Suffered in a Car Accident - £290,000

    JMW has secured £290,000 compensation for a client after she was diagnosed with fibromyalgia which was the result of a serious car crash.

    The case

    Mrs H suffered whiplash-style injuries after being thrown forwards, then backwards in her seat after the car she was in was hit by another car, including stiffness, neck pain and a headache. 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 joint settlement 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." 

    Fibromyalgia compensation amounts

    Compensation amounts for fibromyalgia claims following a car accident can vary. However, they will likely be dependent on a number of factors, and you will be able to claim for financial losses you've experienced as a result of the accident and your condition, including medical costs, loss of earnings and any costs linked to required lifestyle changes, such as needing a massage on a regular basis.

    For more information about how much compensation you may be able to claim, head over to our Compensation Calculator.

    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, and 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 therefore could indicate a more serious problem.

Talk to Us

To speak to one of our experts about making a claim for fibromyalgia, simply call us on 0800 054 6078. Otherwise, complete the online form and one of our team will get back to you as soon as possible.



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