How Much Compensation Can I Claim For Fibromyalgia?
By Stephen Hudson. Last Updated 2nd July 2024. Fibromyalgia, also known as FMS, is a long-term and currently incurable pain disorder. While it isn’t completely clear why some people suffer from FMS, it’s widely known that it can be caused by serious injuries. In this guide, we’ll discuss fibromyalgia compensation claims. We’ll talk about how a serious accident could result in FMS and when you could potentially make a claim.
Our guide will also touch on compensation, exploring what a potential fibromyalgia claim payout could contain and how these payouts are calculated. Finally, we’ll discuss how a No Win No Fee personal injury solicitor could help you through the pain disorder claims process.
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Select A Section
- What Is Fibromyalgia?
- Making Fibromyalgia Compensation Claims
- What Can Your Fibromyalgia Claim Include?
- What Is The Average Settlement For Fibromyalgia In The UK?
- Fibromyalgia Compensation Claims – Get In Touch For More On No Win No Fee Lawyers
- Links To Useful Resources
What Is Fibromyalgia?
Fibromyalgia is a chronic condition that causes widespread pain all over the body. The main symptoms of fibromyalgia include:
- Pain all over the body
- Increased sensitivity to pain,
- Fatigue
- Muscle stiffness
Other symptoms of fibromyalgia can include:
- Headaches
- Irritable bowel syndrome (IBS)
- interferences with memory and the ability to concentrate.
What causes fibromyalgia? The exact cause of the illness is unknown, but researchers believe it may be caused by the brain overproducing certain chemicals creating an over perception of pain in the central nervous system (spinal cord, brain and nerves).
Fibromyalgia is a chronic illness, meaning that it is long term. Unfortunately, there is no cure for fibromyalgia but the effects of fibromyalgia can be treated. Painkillers and anti-depressants can be prescribed to help the sufferer manage the pain, they can also be prescribed counselling and cognitive behavioural therapy (CBT) as another method of helping them manage the effects. They can also be put on an exercise program. If you believe you are suffering from fibromyalgia, visit your GP for a diagnosis and to seek help.
Making Fibromyalgia Compensation Claims
To form the basis of a valid fibromyalgia compensation claim, you need to be able to prove that negligence occurred.
For the purposes of personal injury claims, this means that you need to show that:
- You were owed a duty of care
- This duty is breached
- You suffer harm as a result
Different people can owe you a duty of care depending on where you are. For example, when you are carrying out work-related duties, your employer owes you a duty of care as per the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they are responsible for your health and safety.
For example, if your employer asks you to work with heavy machinery that they know is faulty, this is a breach of their duty of care. If this causes an accident that triggers fibromyalgia, you could potentially make an accident at work claim.
Another example of when you could be owed a duty of care is while on the roads. All road users need to comply with the Highway Code and the Road Traffic Act 1988, and need to use the roads in a way that reduces the risk of harm to themselves and to others.
If a drunk driver were to speed through a red light, this is a breach of their duty of care. If they hit your car, causing a major accident that results in you suffering from fibromyalgia, you could potentially make a claim.
We understand that this topic can seem complex, but our team are here to help. Get in touch today to find out if you could make a fibromyalgia claim.
What Can Your Fibromyalgia Claim Include?
If you successfully make a fibromyalgia compensation claim you could receive tens of thousands of pounds, or even more in compensation. The average settlement for fibromyalgia will consist of general damages and special damages.
General damages are the largest part of your fibromyalgia claim and will be awarded for the pain and suffering your injuries caused you. Special damages are an additional part of your claim, which will be awarded to compensate you for any out of pocket expenses your injuries have caused you, including loss of income, and any future expenses or losses that are likely to occur.
Here are some examples of the sorts of special damages victims of fibromyalgia injuries can claim for:
- Medical expenses: You can claim for any medical expenses your fibromyalgia injuries have caused you. This includes doctor’s appointments, medication, counselling and cognitive behavioural therapy (CBT) or any other medical treatment you may require. You may be able to claim for the cost of future medical treatments that you will have to undergo as well.
- Care expenses: If you require at home care or sheltered accommodation, you can claim for the cost of this. You may be able to claim for the cost of care that you will have to rely on in the future as well. If a relative or friend has had to care for you unpaid because of your fibromyalgia, you may be able to make a compensation claim on their behalf as well.
- Transport: This can include transportation for trips to and from doctor’s and hospital appointments, as well as alternative transport you may have had to have sought if your injuries meant you were no longer able to drive.
- Loss of earnings: If your fibromyalgia injuries caused you to take time off work, or worse, you had to leave your job then you can claim for loss of income.
What Is The Average Settlement For Fibromyalgia In The UK?
As previously stated, if you make a successful personal injury claim for fibromyalgia after a car accident or another type of incident, you will be awarded general damages.
In the table below, we have used figures from the Judicial College Guidelines (JCG). This is a document that many legal professionals will use when valuing general damages, as it provides guideline compensation brackets for different types of injuries. We’ve also added a figure in the top row (not from the JCG) that shows you how you could be awarded compensation for multiple injuries and related costs.
Please only refer to this table as a guide. How much compensation you could be awarded will be impacted by the factors specific to your case.
| Nature of the injury | Level of severity | Guideline Amount |
|---|---|---|
| Severe Injuries with Special Damages | Very Severe | Up to £250,000+ |
| Psychological Damage | Severe | £66,920 to £141,240 |
| Psychological Damage | Moderately Severe | £23,270 to £66,920 |
| Psychological Damage | Moderate | £7,150 to £23,270 |
| Psychological Damage | Less Severe | £1,880 to £7,150 |
| Pain Disorders | Severe | £51,410 to £76,870 |
| Pain Disorders | Moderate | £25,710 to £46,970 |
Contact our advisors for a free valuation of your potential claim. They may also connect you with one of our No Win No Fee solicitors.
Fibromyalgia Compensation Claims – Get In Touch For More On No Win No Fee Lawyers
If you suffered fibromyalgia after a car accident, or in another scenario, we would recommend seeking the support of a solicitor if you wish to claim. Personal injury solicitors can help you with the claim process and gathering evidence.
Some solicitors may ask you to pay a large upfront fee for their services. However, with a No Win No Fee solicitor, their services may be offered under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
Usually, a No Win No Fee solicitor is not going to ask you to pay their fees upfront or ask you to pay ongoing costs. They do take a success fee when they help you secure compensation. This is taken from the award and is legally limited. However, should a solicitor fail to recover compensation, they typically won’t charge for their services.
If you have any questions, such as, ‘can fibromyalgia be caused by a car accident?’, call our advisors for free legal advice. They’re experts in fibromyalgia claims.
To speak to us:
- Use our contact us form.
- Call 0800 073 8804.
- Use our live chat at the bottom corner of your screen.
Links To Useful Resources
- An NHS guide to fibromyalgia
Follow this NHS guide to fibromyalgia conditions. - Claim Compensation For Suffering Chronic Pain
Find out if, when, and how you can claim compensation for suffering chronic pain. - Medical Negligence Compensation
How to make a medical negligence compensation claim.
More Helpful Guides
- Work Related Illness Claims
- Spinal Injury Claims
- Arm Injury Claims
- Foot Injury Claims
- Back Injury Claims
Thank you for reading our guide on fibromyalgia compensation claims.
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