Fibromyalgia Claims

Fibromyalgia is a debilitating condition characterised by chronic pain in various soft tissues of the body. It can cause a range of other symptoms, such as fatigue, headaches and cognitive difficulties, which can significantly affect the quality of your life.

The exact cause of the disorder is not fully understood, but it can develop following traumatic events such as car accidents, falls, workplace accidents, and surgery. There is currently no cure for fibromyalgia, but several treatments are available to improve symptoms and the quality of life for patients.

If you developed the condition after an accident that was someone else’s fault, you may be able to make a fibromyalgia claim. To find out if you are entitled to compensation, call 0800 470 0474 or request a call back to get in touch with an experienced solicitor who will offer you a free case assessment.

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Table of Contents

• What is fibromyalgia?
• Diagnosis and treatment of fibromyalgia
• Can fibromyalgia be misdiagnosed?
• Can I make a fibromyalgia compensation claim?
• What evidence could I use to support my fibromyalgia claim?
• What can cause fibromyalgia?
• Frequently asked questions
• Could I lose my job if I claim for an accident at work?
• Can I make a personal injury claim on behalf of a loved one?
• What is the time limit to start a claim for fibromyalgia?
• How much compensation could I receive for fibromyalgia?
• Can my fibromyalgia claim be made on a No Win No Fee basis?

What is fibromyalgia?

Fibromyalgia is a chronic condition characterised by muscle pain all over the body, fatigue, sleep disturbances, and mood issues. Its exact cause is not well understood, but it is believed to be related to changes in the level of certain chemicals and how the nervous system processes pain. In many cases, the condition is triggered by traumatic injuries, infections or emotional distress.

Common symptoms of fibromyalgia include:

• Widespread pain. The pain associated with the condition often affects muscles, tendons, and ligaments throughout the body. It may vary in intensity and can be described as a dull ache, burning sensation, or sharp pain.
• Fatigue. People with fibromyalgia often experience profound fatigue, even after getting good rest. This state of tiredness may interfere with daily activities and worsen other symptoms.
• Sleep disturbances. Many individuals have difficulty falling asleep or staying asleep. They may also experience non-restorative sleep and waking up feeling unrefreshed despite spending enough time in bed.
• Cognitive difficulties. Often referred to as “fibro-fog,” this condition can also cause problems with memory, concentration, and attention. People living with Fibromyalgia find it difficult to focus, pay attention, or verbally express their thoughts.
• Mood disorders. The chronic pain and fatigue caused by fibromyalgia can significantly impact a person’s emotional well-being. It may lead to problems such as anxiety, constant stress and depression, which can worsen symptoms and affect their overall quality of life.
• Other symptoms. Fibromyalgia can also cause other symptoms, such as headaches, irritable bowel syndrome (IBS), temporomandibular joint disorders (TMD), and sensitivity to light, noise, or temperature changes.

If you have fibromyalgia due to someone else’s negligence and you make a successful claim for negligence, the compensation you receive will reflect the degree of pain and suffering caused to you.

Diagnosis and treatment of fibromyalgia

There is no specific laboratory or imaging test to confirm the condition, so diagnosing fibromyalgia can be difficult. The symptoms can also differ from person to person and be similar to other conditions. Your doctor will begin by conducting a physical exam and taking a detailed medical history. They will ask about your symptoms, including the location, duration, and severity of pain, as well as any associated symptoms such as fatigue, sleep disturbances, and mood changes.

Your doctor may also order blood tests or scans to rule out other conditions with similar symptoms, such as autoimmune diseases, vitamin deficiencies or thyroid disorders.

As there is no cure for fibromyalgia, treatment focuses on improving symptoms and improving the overall quality of life and general health. This will likely include a combination of the following approaches:

• Medication. A number of drugs can help relieve pain and improve sleep, such as antidepressants, anti-seizure medication and over-the-counter pain relievers like ibuprofen or acetaminophen. Opioids are not recommended, as they can cause significant side effects and dependency and worsen the pain over time.
• Physical therapy. If you have been diagnosed with fibromyalgia, it is essential to stay physically active to reduce pain and improve life quality. Besides exercising, your doctor may also recommend physiotherapy to improve strength and flexibility. This may also include massages, heat therapy, or ultrasound to help alleviate pain and muscle stiffness.
• Occupational therapy. An occupational therapist can teach you how to balance activity and rest to prevent overexertion and manage fatigue. They can also help you adjust your work area and the way you perform specific tasks to reduce stress on the body.
• Counselling. Cognitive-behavioural therapy (CBT) can help you develop coping strategies, manage stress, and address negative thought patterns that may contribute to pain perception and emotional distress.

Can fibromyalgia be misdiagnosed?

Fibromyalgia can be difficult to diagnose due to its various symptoms that overlap with other conditions. The disorder is most often misdiagnosed as:

• Whiplash injuries, often due to car accidents, can cause similar symptoms, such as headaches, fatigue, widespread pain and cognitive fog.
• Lupus is an autoimmune disease that can mimic fibromyalgia symptoms, including joint pain, fatigue, and cognitive difficulties. Both conditions can also cause sensitivity to light and skin rashes.
• Sleep apnoea causes poor sleep quality, fatigue, and other similar symptoms, such as mood disturbances and cognitive difficulties.
• Lyme disease can affect multiple organ systems and present with a wide range of symptoms, including joint pain, fatigue, cognitive difficulties, and muscle aches, similar to fibromyalgia.
• Rheumatoid arthritis is another autoimmune disease characterised by joint pain, stiffness, and inflammation. Like fibromyalgia, it can cause widespread pain and fatigue.
• Hypothyroidism can lead to symptoms such as fatigue, muscle pain, and cognitive difficulties.
• Multiple sclerosis (MS) also causes fatigue, muscle weakness, and cognitive impairment. Some people with MS can also experience widespread pain.
• Chronic fatigue syndrome shares many symptoms with fibromyalgia, including profound fatigue, sleep disturbances, and cognitive difficulties.

A fibromyalgia misdiagnosis can have severe consequences and can add years to your recovery process. If you suffered due to a delayed diagnosis, you may be able to make a medical misdiagnosis claim.

Can I make a fibromyalgia compensation claim?

To find out whether you are eligible to make a claim, do not hesitate to call 0800 470 0474 for a free consultation with a legal adviser. They will investigate your case to determine whether:

• Another party owed you a duty of care
• They breached their legal duty through negligence or wrongdoing
• You were diagnosed with fibromyalgia as a result of an accident caused by their negligence

As mentioned above, you may also be entitled to fibromyalgia compensation if your condition was misdiagnosed and you suffered due to medical negligence. If your case has merit, your solicitor will refer to relevant legislation and work with medicolegal experts to prove a breach of duty and negligence. They will also help you gather the necessary evidence to support your claim and secure the best settlement for your pain, suffering and related financial losses.

What evidence could I use to support my fibromyalgia claim?

If you want to make a successful claim for compensation, your fibromyalgia solicitor will need evidence to support it. This must show the cause of fibromyalgia and how it has affected your life. Some types of evidence that may be helpful include:

• Medical records that document your symptoms and diagnosis;
• Results of laboratory tests, imaging studies, and other diagnostic procedures;
• Record of physical therapy and other treatments and medication you received;
• Photographs of the accident scene if you were injured due to a car collision, fall or another traumatic event;
• Pictures of any visible signs of trauma that may have contributed to your condition;
• Statements from witnesses to the accident can help prove how it occurred and who is liable;
• Your notes about the symptoms you experience and how they have affected your life;
• Statements from friends and family members who saw how you suffer due to your condition;
• Evidence to show the financial losses and expenses you incurred as a result, such as receipts, payslips and medical bills.

What can cause fibromyalgia?

Fibromyalgia is a chronic pain condition whose exact cause is not fully understood. It can be triggered by various types of accidents and traumatic events, such as:

• Road traffic accidents. The physical injuries and emotional trauma of a traffic accident can lead to chronic pain, sleep disturbances, anxiety and other symptoms associated with fibromyalgia.
• Slips, trips and falls. Trauma from falls can result in injuries to muscles, tendons, ligaments, and bones, which can trigger the disorder.
• Sporting activities. High-impact sports, contact sports, or repetitive strain from athletic activities can cause injuries that may increase the risk of developing fibromyalgia.
• Work-related accidents. Jobs that involve repetitive motions, heavy lifting or overuse of specific muscles can increase the risk of fibromyalgia. The condition can also be due to acute trauma, such as machinery accidents, falls and being stuck by tools or materials.
• Criminal assaults. Trauma resulting from being hit, kicked, or otherwise injured may contribute to the development of fibromyalgia symptoms. These can be exacerbated by the psychological stress associated with the incident.

If you developed fibromyalgia due to an accident that wasn’t your fault, you may be entitled to claim compensation.

Frequently asked questions

If you want to claim compensation for fibromyalgia and have more questions about the claims process, please take a look at the section below. To discuss your case in detail with an experienced legal adviser, please call 0800 470 0474 today or enter your details into our online claim form to request a call back.

Could I lose my job if I claim for an accident at work?

If you make an honest accident at work claim, you should not need to worry about losing your job. You have a legal right to compensation if your employer breached their duty of care towards you and you suffered as a result. Under unfair and constructive dismissal laws, they cannot sack, demote, or treat you differently due to your claim.

If you suffer repercussions for claiming fibromyalgia compensation, a solicitor can help you make a further claim at an employment tribunal. The tribunal might order your employer to reinstate you or compensate you in some other way if you were not treated fairly.

Can I make a personal injury claim on behalf of a loved one?

If your loved one cannot handle their claim, you may be entitled to represent them in a personal injury claim. Your solicitor will guide you through the process and help you apply to the court to be appointed as their litigation friend. If you have no conflict of interest with the claimant and can conduct legal proceedings fairly and competently, the court will allow you to act on their behalf.

As a litigation friend, you will have several responsibilities, such as liaising with solicitors, making decisions about the case, and gathering supporting evidence. If you settle the claim for your loved one, you may have to go before a judge who will decide whether the compensation amount is fair and covers their needs.

What is the time limit to start a claim for fibromyalgia?

The Limitation Act 1980 sets the time limit for personal injury claims at three years, starting from:

• The date of your accident, or
• The date your condition was diagnosed (date of knowledge)

If you do not start legal proceedings within this timeframe, your case will be statute-barred and will no longer be considered valid. There are a few exceptions where a different time limit applies, such as:

• In child injury claims, the three years begin on the child’s 18th birthday. Afterwards, they have until turning 21 to start a claim.
• If the claimant lacks mental capacity, there is no time limit for a litigation friend to start a fibromyalgia claim on their behalf.
• If you were injured due to a violent crime, you have two years to claim through the CICA following the incident.

How much compensation could I receive for fibromyalgia?

The amount of compensation you could claim for fibromyalgia will depend on several different factors. These are grouped into two types of losses:

• General damages cover the physical pain, suffering and other subjective losses caused by your condition;
• Special damages cover the related financial losses and expenses, such as care costs, private treatments and lost wages.

According to the Judicial College guidelines, you could receive up to £33,700 for moderate pain and up to £73,670 for more severe pain that impacts your ability to work and function daily.

Can my fibromyalgia claim be made on a No Win No Fee basis?

If you are entitled to claim personal injury compensation, your solicitor will help you claim on a no win no fee* basis. That means there are no upfront fees, and you only pay them if your case is successful. If you lose, you do not owe them a single penny.

Furthermore, you are also protected against legal costs and disbursements. If your claim fails, all the litigation costs, including the defendant’s, will be covered by the After the Event (ATE) insurance your solicitor will take out on your behalf.

To discuss your right to claim for fibromyalgia compensation, please call 0800 470 0474 or request a call back to get a free consultation with an experienced solicitor.