If an accident that wasn’t your fault has left you with a chronic pain disorder, you might be interested in learning about fibromyalgia compensation claims.
In this guide, we’ll do our best to explain everything you need to know about making a claim for fibromyalgia. First, we’ll talk about what fibromyalgia is and when you could be eligible to make a compensation claim.
Then, we’ll talk about what your compensation could cover if you were to make a successful claim. Chronic pain can have significant side effects that target both your physical and mental health as well as your finances; we’ll explore how a personal injury compensation payout could cover both of these losses.
Finally, our guide will discuss the pros and cons of making a claim with a No Win No Fee solicitor. We’ll discuss the benefits that can come with a No Win No Fee agreement, and the steps that one of our specialist solicitors could take to help you through the claims process.
Contact Us
If you’re ready to get started on your claim, we recommend contacting our team of helpful advisors by:
- Contacting us online
- Using the live chat feature
- Calling us on 0800 073 8801
Browse Our Guide
- What Are Fibromyalgia Compensation Claims?
- What Can I Claim As Part Of My Fibromyalgia Compensation?
- How Much Could I Receive From A Fibromyalgia Compensation Claim?
- Is There A Time Limit For Fibromyalgia Compensation Claims?
- Can I Make A No Win No Fee Claim For Fibromyalgia?
- Learn More About How To Make A Personal Injury Claim
What Are Fibromyalgia Compensation Claims?
Fibromyalgia is a long-term chronic pain condition that currently has no cure. There’s no known cause of fibromyalgia, but it’s often associated with things like sudden injuries and traumas.
If you want to make a fibromyalgia compensation claim, you need to be able to prove that negligence has occurred. This means that someone else owed you a duty of care, breached this duty, and caused you to suffer harm. This can happen in:
Road Traffic Accidents
While using the roads, every person owes each other a duty of care. They need to follow the Highway Code and the Road Traffic Act 1988 to uphold this duty of care and make sure that they don’t cause harm to themselves or others.
For example, if your car was rear-ended by a driver speeding through a red light and this caused a severe leg injury, this could lead to fibromyalgia. In this case, you could potentially make a road traffic accident claim.
Accidents At Work
At work, your employer owes you a duty of care. This means they need to take steps to mitigate and identify risks and keep their employees safe, as per the Health and Safety at Work etc. Act 1974 (HASAWA).
For example, your employer needs to provide free and working personal protective equipment (PPE) to their employees where necessary. If you are not given a hard hat on a construction site and suffer a head injury from a falling object that leads to fibromyalgia, you may be able to make an accident at work claim.
Public Accidents
Whilst you visit public places there is a risk of injury. People or organisations that have a sufficient degree of control over a public space need to take reasonable steps to ensure a visitors’ reasonable safety. This duty comes from the Occupiers Liability Act 1957.
For example, you may visit a museum that has broken steps. The managers of the museum knew the steps were defective but failed to have them fixed. This caused you to fall and break your arm. In the circumstances, it was not reasonable for the broken stairs to be ignored.
Medical Negligence
All medical professionals who treat you, from doctors to midwives, automatically owe you a duty of care. This means that the care they provide needs to meet a minimum standard, and they need to ensure that they don’t cause harm to their patients that could’ve been avoided.
For example, if you underwent an unnecessary surgery and this caused fibromyalgia, then you could potentially make a medical negligence claim.
What Can I Claim As Part Of My Fibromyalgia Compensation?
In general, most personal injury and medical negligence claims can be made up of two heads. The first heading is called general damages, and this covers the pain and suffering you go through as a result of fibromyalgia.
As fibromyalgia is a long-term chronic pain condition, it can have a significant impact on your quality of life. As well as impacting your ability to earn, the general enjoyment of your life could be affected. This is called loss of amenity and general damages could reflect such impacts. For example, fibromyalgia could interfere with your hobbies or your social life, and if this is the case, your general damages award could be higher.
The second head of claim is called special damages. Under this head of loss, you can claim back the financial losses you experienced as a result of the fibromyalgia. For example, you may be left unable to work as a result of your symptoms, which can lead to a lifetime of lost wages.
These could potentially be recouped under special damages, along with other losses caused by your injuries. For example, these might include:
- Childcare
- Travel
- Rehabilitation
- Counselling
- Prescriptions
- Home nursing care
To learn more about fibromyalgia compensation claims, get in touch with our friendly team today.
How Much Could I Receive From A Fibromyalgia Compensation Claim?
General damages, as mentioned above, can be calculated with help from the Judicial College Guidelines (JCG). We can’t offer an exact estimate of what you could receive, but we can illustrate some of the guideline compensation figures found in the JCG.
Please note that the first entry in this table is not a JCG figure and is purely illustrative. These figures are also not guaranteed, and the actual compensation you could receive can vary.
| Injury | Compensation | Notes |
|---|---|---|
| Severe Injuries And Special Damages | Up to £500,000+ | The combined effects of multiple severe injuries and special damages. |
| Severe PTSD | £73,050 to £122,850 | Very severe and permanent symptoms that mean the claimant can no longer function as they did before the trauma. |
| Severe Complex Regional Pain Syndrome (a) | £64,070 to £102,520 | The prognosis is poor, there is little to no ability to work, and there are co-existing pscyhological injuries. |
| Moderate Complex Regional Pain Syndrome (b) | £34,200 to £64,070 | There is an ability to return to work and a better prognosis after some treatment with only modest future care requirements. |
| Severe Chronic Pain (a) | £51,410 to £76,870 | Most cases of Fibromyalgia fall into this bracket. Severe and significant symptoms with an impact on employability that go on despite treatment. |
| Moderate Chronic Pain (b) | £25,710 to £46,970 | Cases that involve significant symptoms, to a lesser degree than the category above. |
If you’d like more information on what you could get from successful fibromyalgia claims, contact our team today.
Is There A Time Limit For Fibromyalgia Compensation Claims?
Yes, there is a time limit for fibromyalgia compensation claims. All personal injury claims must be started within three years, according to the Limitation Act 1980. However, there are some exceptions to this rule.
For example, those under the age of eighteen can’t claim for themselves. Instead, a litigation friend can be appointed to make a claim on their behalf at any point up until their eighteenth birthday. After that, if no claim is made, they will have up until their twenty-first birthday to claim.
The same goes for those who lack the mental capacity to make their own claims. In these cases, a litigation friend can claim on their behalf at any time.
To find out if you’re within the time limit to make a personal injury claim, get in touch with our team.
Can I Make A No Win No Fee Claim For Fibromyalgia?
We always recommend that you seek legal advice from a specialist solicitor before you start any fibromyalgia compensation claims. This is because solicitors train and learn for years before they qualify to practice, and can use this knowledge to help you through the claims process.
For example, a solicitor can help you:
- Negotiate a settlement that covers all of your losses
- Start your claim within the time limit
- Prepare for Court when necessary
- Communicate with the other parties and the Court
- Understand complex legal jargon
Our solicitors can do this on a No Win, No Fee basis by offering you a Conditional Fee Agreement (CFA). This means you don’t need to pay any upfront or ongoing fees for their work. Plus, if the claim fails, then you won’t pay anything for their work.
If it’s successful, then your solicitor will take a fee. This fee is a small percentage of your compensation, and you’ll agree on this percentage with your solicitor before the claim starts. Plus, it’s capped by law.
See If You Can Make A No Win No Fee Fibromyalgia Compensation Claim
If you’re ready to start the fibromyalgia compensation claims process with one of our expert solicitors, get in touch with our team today by:
- Contacting us online
- Using the live chat feature
- Calling us on 0800 073 8801
Learn More About How To Make A Personal Injury Claim
To get more information on claiming for a personal injury:
- Find out about the Pre-Action Protocol with our guide
- Learn how to claim compensation for mental health injuries
- Read our accident at work FAQ page
Or, for further resources:
- General help and guidance from the Health and Safety Executive (HSE)
- Learn how to request CCTV footage of yourself
- Ways to manage chronic pain from the NHS
Thank you for considering our guide on fibromyalgia compensation claims.
