Case Study: Successful Fibromyalgia and CRPS Claims
Over the last 12 months, we have secured over £3,000,000 for our clients in compensation. Here are details from two of our clients who have had successful claims with the help of FT Chronic Pain Solicitors
Case Study 1: Fibromyalgia Claim Award
Anne, who has experience of Fibromyalgia, secured a six-figure sum for a client who had been diagnosed with fibromyalgia.
The client was involved in a road traffic accident, with a head-on collision caused by a vehicle veering onto the wrong side of the road. Liability was admitted by the driver’s insurers.
Sadly, the client was forced to no longer work due to the injuries sustained. These were wide-ranging involving a serious fracture, whiplash injury to the neck and shoulder, and general bruising from wearing a seatbelt.
At first, there was optimism that the resulting pain would reduce and recovery would be as anticipated. There was a plan to return to work and enjoy life as normal. However, the pain persisted and became widespread. This impacted plans to have children and the hope of recovering dwindled and symptoms continued to cause a life-changing impact.
Gathering Supporting Evidence
It became apparent the diagnosis of fibromyalgia as a result of trauma was the cause. The defendant argued this was not the case and the onset was due to an issue which would have happened regardless of the accident. The causative reason was therefore challenged.
We instructed a pain consultant who was leading in the field of fibromyalgia, and the expert believed the onset was accident-related despite the defendant suggesting otherwise also by way of their own medical evidence.
The case required substantial evidential points being made including a full review of our client’s medical history, detailed witness statements confirming pre-accident history and a vast schedule of financial losses setting out future loss of earnings and support for the future. A leading barrister with expertise in the field was instructed.
Award Winning compensation claim experts for Complex Regional Pain Syndrome (CRPS), Fibromyalgia and other Chronic Pain conditions
Average award for a CRPS claim:
£1,140,000
See our other awards here.
Settlement
The case was finally settled by way of a joint settlement meeting where the parties’ barristers reached an agreement to settle the case for a six-figure sum.
The amount agreed reflected the risk for each party, the likelihood of working part-time in the future had the accident not happened which was something we were instructed to agree in this case and the figure given the proximity to retirement age allowed the family to pay their bills, mortgage and live comfortably.
The complexity of the issues meant that had the claim been with a solicitor who did not have chronic pain expertise, the claim would likely have settled at the whiplash stage for less than ten thousand pounds placing the family in financial difficulty and no future protection.
Case Study 2: Complex Regional Pain Syndrome (CRPS) Compensation
The claim arose due to a serious road traffic accident. The vehicle was a write-off. The claim was transferred from another firm and was already litigated. The evidence was incomplete and required a complete overhaul of the schedule of loss which set out the future needs and confirmed the past losses.
Given the stage of litigation action was required to ensure compliance with the court timetable and to ensure the claim was proven as necessary when bringing a personal injury claim.
Chronic Pain Expert Evidence
Multiple experts were engaged, ranging from a pain consultant, consultant psychiatrist, care expert, occupational therapist, and barrister with a speciality in chronic pain cases.
Court Ruling
The case made was the accident caused the onset of CRPS which prevented work, and therefore caused a considerable financial deficit.
The Judge agreed the evidence presented confirmed the diagnosis of CRPS which was caused by the accident. Damages were awarded to the claimant.
Whilst most cases are not litigated due to the risk, and in some cases the lack of experience, of solicitors acting in these complex claims, we did litigate. This is at the heart of our ethos; we will fight for your case and ensure all avenues are explored.
The defendant advanced a case that the symptoms suffered were not accident-related, thereby the claim made was not their responsibility.
Any initial offers were incredibly low with no chance of settlement, due to the view the diagnosis of Complex Regional Pain Syndrome (CRPS) was not accident-related and was a somatoform disorder.
After many years of preparation, the case went to Court for several days, these involved evidence from the experts, the claimant, and other witnesses.