Mrs H

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 when the car she was sitting 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’s injury was not 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 experiencing 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

JMW’s team, led by one of our Partners, 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. JMW 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. JMW 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 we arranged that appointment. We liaised with the defendant’s insurer during this time.

Issuing Court Proceedings

The defendant's insurers 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, our barrister and the defendant’s legal team undertook heavy negotiation on the case. After the defendants initially opened with a low offer, we were able to agree a settlement of £290,000, which Mrs H was extremely happy with.

She said: “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, 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.