How Much Compensation Can I Claim For Fibromyalgia?
By Stephen Hudson. Last Updated 17th August 2023. Welcome to our guide on fibromyalgia compensation claims. Do you suffer from fibromyalgia? Has your condition been worsened by medical negligence, for example, did you experience a fibromyalgia misdiagnosis that led to your symptoms of fibromyalgia worsening as they went untreated and becoming more difficult to manage?
Maybe you were involved in a traumatic accident that wasn’t your fault which triggered your fibromyalgia, such as fibromyalgia caused by a car accident. If you suffer from fibromyalgia, or your fibromyalgia has worsened because of negligence on the part of a third party, you could be entitled to make a fibromyalgia compensation claim.
Trust Legal Expert to help you make your fibromyalgia compensation claim. We are a well-respected personal injury solicitor’s firm, with an excellent track record of helping victims of chronic pain-related injuries like fibromyalgia claim the compensation that they are entitled to. Whether you have experienced a fibromyalgia misdiagnosis, fibromyalgia medical negligence which led to you developing fibromyalgia or a traumatic accident that was not your fault, you could be entitled to claim tens of thousands of pounds in compensation for your illness.
Legal Expert offers a free legal consultation to all of their compensation claimants, so if you think you might be entitled to make a fibromyalgia compensation claim call us today for your free legal advice.
We will assess whether or not you have legitimate grounds for compensation and if you do we will estimate how much compensation you could claim and provide you with an excellent personal injury solicitor to help you make your claim. If you have grounds to make a fibromyalgia claim, we would love to work with you. So call us on 0800 073 8804 today to discuss your potential fibromyalgia compensation claims.
Select A Section
- What Is Fibromyalgia?
- Claim For Fibromyalgia Misdiagnosis
- Can Fibromyalgia Be Caused By A Car Accident?
- Struggling to Work With Fibromyalgia: Is Fibromyalgia A Disability?
- What Is The Time Limit For Fibromyalgia Claims?
- What Can Your Fibromyalgia Claim Include?
- What Is The Average Settlement For Fibromyalgia In The UK?
- Fibromyalgia 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:
Fibromyalgia Compensation Claims
- 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).
It is thought that fibromyalgia might be triggered by genetic factors, or by traumatic incidents such as relationship breakdowns, losing a loved one or being involved in a serious accident such as a car crash. Fibromyalgia can affect anyone of any age but is more likely to affect women aged between 30 and 50 years old.
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 subscribed 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.
Claim For Fibromyalgia Misdiagnosis
If you have experienced fibromyalgia misdiagnosis, you could potentially make a fibromyalgia compensation claim for the pain and suffering it can cause you. Unfortunately, fibromyalgia can be a difficult medical condition to diagnose but prolonging the diagnosis can increase the victim’s pain and suffering. The condition of fibromyalgia shares many overlapping symptoms with other conditions such as lupus, sleep apnea, rheumatoid arthritis and hypothyroidism. As with many illnesses, the earlier that the illness is diagnosed, the easier it will be to treat.
Medical practitioners such as doctors, nurses, physiotherapists and psychologists, as well as the medical institutions they work for such as hospitals and doctor’s surgeries have a duty of care towards their patients.
Medical negligence is defined as substandard medical treatment, which violates the duty of care medical practitioners and institutions owe their patients, causing the patient an illness, injury or worsening of a medical condition. A common form of medical negligence is a doctor misdiagnosing a patient’s condition, or dismissing symptoms of an illness as something medically inconsequential, for example, not realising that frequent headaches are a symptom of an underlying condition.
If you have experienced a fibromyalgia misdiagnosis you could be entitled to make a fibromyalgia misdiagnosis compensation claim. Perhaps the doctor mistook your symptoms of fibromyalgia for another medical condition did not take the required steps to rule out that condition then prescribed the wrong treatment. Alternatively, a GP may have dismissed the symptoms you complained of, causing your condition to worsen over time and undue pain and suffering during the time that you were denied fibromyalgia treatment.
Now, if you have experienced fibromyalgia misdiagnosis and can prove that it led to the worsening of your medical condition, you could be entitled to claim compensation for fibromyalgia misdiagnosis. Call Legal Expert today to speak to one of our friendly advisors and see if you have a legitimate case for making any fibromyalgia compensation claims.
Can Fibromyalgia Be Caused By A Car Accident?
Many of our clients wonder if it is possible to claim compensation in the form of a car crash fibromyalgia settlement. In some cases, fibromyalgia develops in an individual after a stressful and traumatic life event.
This could include the death of a loved one, becoming seriously ill or injured, giving birth or being abused. A car accident is another traumatic event that could trigger fibromyalgia. Because whiplash is a soft tissue injury that is commonly caused by car accidents, which shares similar symptoms to fibromyalgia caused by a car accident is often misdiagnosed as whiplash.
If you have experienced fibromyalgia caused by a car accident that was not your fault, you may be able to claim compensation for fibromyalgia after car accident from the person who was responsible for the crash. Call Legal Expert today to enquire about claiming a car crash fibromyalgia settlement.
Struggling to Work With Fibromyalgia: Is Fibromyalgia A Disability?
Under the Equality Act 2010, a disability can be any mental or physical impairment that has a significant and long-standing effect on your ability to carry out your normal activities. If you are experiencing fibromyalgia chest pain, fibromyalgia headaches, or other serious symptoms that are affecting your quality of life, you may be considered to have a disability.
Chronic illnesses such as these can affect people in a multitude of ways. For example, you may be struggling to work with fibromyalgia. If this is the case, and your income is affected as a result, you could potentially claim compensation if your fibromyalgia was caused by the negligence of another.
What Is The Time Limit For Fibromyalgia Claims?
If you are eligible to make a medical negligence claim for fibromyalgia compensation, you will need to ensure that you start your claim within the relevant time limit. Under the Limitation Act 1980, you will generally have three years to start your claim from the date of medical negligence or from the date you became aware of medical negligence. The latter is called the date of knowledge.
There are some exceptions to this rule. For example, the time limit is frozen for claimants who are under the age of eighteen. It reinstates on their eighteenth birthday and runs until their twenty-first. But, while the time limit is frozen, a court-appointed litigation friend can make a claim on their behalf.
Furthermore, the time limit is suspended indefinitely for those who lack the mental capacity to make a claim for themselves. During this time, a litigation friend could claim on their behalf. If they recover this mental capacity and a claim has not already been made for them, the three-year time limit will begin on the date of their recovery.
To find out if you are within the time limit to start your medical negligence claim or for more information on fibromyalgia claims, you can contact our advisors.
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 this 16th edition of 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.
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 | Further notes | Settlement band |
|---|---|---|---|
| Pain Disorders | Severe | Significant issues will be ongoing and will persist despite treatment. The claimant will need some form of care and will experience negative effects on their ability to work. Most cases of fibromyalgia with serious symptoms will fall into this bracket. | £42,130 to £62,990 |
| Pain Disorders | Moderate | Symptoms continue though less severe than the above. The ability to function in daily life and work is less serious. | £21,070 to £38,490 |
| Psychological Damage | Severe | There will be severe issues with factors such as work life, education and relationships. The prognosis for a recovery will be extremely poor. | £54,830 to £115,730 |
| Psychological Damage | Moderately Severe | Issues with factors similar to the above but the expectation of recovery will be more positive. | £19,070 to £54,830 |
| Psychological Damage | Moderate | There may be issues with the listed factors but the claimant will have improved significantly by the trial and the expectation for recovery will be good. | £5,860 to £19,070 |
| Psychological Damage | Less Severe | Factors considered will include the extent to which sleep and daily activities have been affected. | £1,540 to £5,860 |
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 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.
