By Stephen Hudson. Last Updated 19th December 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.
- 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?
You may be wondering what the average settlement for fibromyalgia is and what that means for your potential claim. An ‘average’ figure is unlikely to help because all fibromyalgia compensation claims are significantly different.
For example, we mentioned loss of earnings in the previous section. Fibromyalgia may prevent someone from ever going back to their job, so the payout would reflect that, and the person’s wage will influence the level of award. Someone who is able to return to work eventually would not have the same outcome.
When it comes to the general damages part, the extent of your pain and suffering, the length of treatment and the impact on your general quality of life all have to be considered.
Those responsible for valuing a personal injury claim will have to use the resources available to them to reach a fair figure. Medical evidence can help, especially if there is a prognosis to help predict the long-term impact.
The Judicial College Guidelines (JCG), a document made up of illustrative guideline compensation awards arranged in brackets, can also be helpful. You can see JCG amounts below, though it is still only there for guidance as the figure awarded in each case will be based on its individual merits. Please also note that the top line is our creation and is there to give an impression of what could happen if you receive both general and special damages payments.
You can call our free helpline today for a more detailed assessment on how much compensation for fibromyalgia you could seek.
Guideline Compensation Amounts
- Very severe pain and mental harm, coupled with special damages – up to £250,000 or more
- Severe psychological pain – £66,920 to £141,240
- Psychological harm deemed moderately severe – £23,270 to £66,920
- Moderate cases of mental harm – £7,150 to £23,270
- A less severe mental injury – £1,880 to £7,150
- Severe pain disorders – £51,410 to £76,870
- Moderate cases of pain disorder – £25,710 to £46,970
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.
- Our overview of medical negligence compensation claims – How to make a medical negligence claim.
More Helpful Guides
- Learn about spinal injury claims and how our solicitors can help.
- Guidance on arm injury claims
- Our advice on No Win No Fee foot injury claims
- If you’ve suffered a back injury, learn more about claiming with our guide.
Thank you for reading our guide on fibromyalgia compensation claims.
