Legal Remedies, by Brian Barr, Solicitor

This article has been prepared to provide people suffering from fibromyalgia with an idea of whether they may have a claim for damages and how to proceed. However this information is a starting point only and as all cases will be different, it is firmly recommended that you seek the advice of a lawyer who knows about FM.

How May a Claim Arise?

Due to the debilitating nature of fibromyalgia, substantial awards of damages can often result. Such claims can arise in a variety of different ways:

Claims arising out of accidents

• Road Traffic Accidents – If you have had an accident that was not your fault, you may well be entitled to compensation. This will not just be for the initial whiplash injury but hopefully for the fibromyalgia triggered by it.

With the right medical experts and a sympathetic lawyer with a strong knowledge of fibromyalgia, you stand a good chance of being compensated for your injuries. A claim can also be made if a pre-existing FM condition is made worse by an accident that was not your fault.

Other types of Claims

Insurance companies are often reluctant to pay out on Personal Accident Policies and Ill Health Retirement Policies where fibromyalgia has been diagnosed. Many solicitors and, worryingly, doctors as well, deny the existence of FM, or query whether it can be permanent. This is despite open support from the government regarding treatment of fibromyalgia.

Many solicitors are extremely ignorant when it comes to fibromyalgia and frequently appoint the wrong experts. They may simply have gone to the wrong type of medical experts to comment on fibromyalgia. They often attempt to persuade their clients to settle for a fraction of the amount of damages their cases are really worth. Where that happens you may have a claim against your lawyers.

The Disability Discrimination Act prevents unfair discrimination by employers towards employees suffering from a disability. If an employer is being unreasonable in what he expects you to do or is refusing to make reasonable adjustments to cater for your disability, an action for discrimination may well be appropriate.

What Are My Chances of Success?

The chances of success will depend on a number of factors, most notably the ability and experience of the lawyers and doctors involved.

However there are various practical steps you can take to assist your claim.

Keep a diary of how you feel

Although keeping a diary may appear to be a time-consuming and tiring chore, it can be vitally important when it comes to litigation to be able to remind yourself of how you felt at a particular time. It can take a while from the initial diagnosis to the completed claim and a diary recording on a daily basis

• How you felt,

• The extent of the pain,

• What you were able to do or not do on a particular day ,

• What medication you took ,

could well be a valuable aid to charting your problems.

If you have not kept a diary until now do not worry. By keeping one from now on you may well aid any future litigation.

If you find recording all these details is too difficult, perhaps ask a partner or somebody else close to you to help you with it.

Keep all receipts and paperwork

Should your claim succeed you are likely to be entitled to any expenses you have incurred as a result of the fibromyalgia. These could be medical bills, travel expenses or help around the home. Keeping all receipts is the best way of ensuring all these expenses are recovered.

How do I find a suitable lawyer?

Although somebody in your family may know of a good lawyer, it is important to use a lawyer with a proven track record in this area of law. Being a particularly complex area of law, a personal recommendation from somebody who has succeeded in a fibromyalgia action may well be a good starting point.

Can I Change My Solicitor?

If you already have a lawyer working on your case and you are dissatisfied with any aspect of its progress, you can change your legal representation at any time. All you need to do is approach the lawyer you would like to handle your case. If he is prepared to take on your case, he will arrange the transfer.

Brian Barr Solicitors

Brian Barr is a solicitor who works closely with the Fibromyalgia Association UK. His firm has recently expanded to cater for the many FM cases that they deal with on a national basis. With clients all over England and Wales, Brian Barr Solicitors are leading experts on the legal aspects of fibromyalgia, having been involved in a number of high profile cases. Brian has also published a number of important articles and spoken at the Fibromyalgia Association UK and other Conferences.