Fibromyalgia can be an extremely painful and traumatic long-term disorder that affects your whole body, causing widespread pain. If you’ve developed fibromyalgia due to an accident that wasn’t your fault, this can add an understandable layer of frustration. Therefore, you may be wondering how much compensation for fibromyalgia claims is typically awarded and what the eligiblity is to be awarded a settlement.
Key Takeaways
- Other symptoms of fibromyalgia include increased pain sensitivity and muscle stiffness as well as sleep disturbances and fatigue.
- Your settlement will consider your physical and mental pain and suffering as well as out-of-pocket expenses caused by coping with these symptoms.
- Many fibromyalgia cases appear to be triggered by physical or emotional injuries.
- You could claim for fibromyalgia caused by workplace accidents, road traffic accidents, accidents in a public place and medical negligence.
- A No Win No Fee solicitor can help you with evidence-gathering and explanations of key legal terminologies
At How Much Compensation, our friendly advisors are here to help you. As part of the free services that we offer, you could receive a free eligibility assessment to look at the strengths of your claim. If your case is strong, you could be connected with one of the No Win No Fee solicitors from our panel to start your fibromyalgia claim. Please get in touch by:
- Calling us on 0800 408 7826
- Contact us by filling out our online form
- Using our free live chat feature
Frequently Asked Questions
- How Much Compensation For Fibromyalgia Claims Is Awarded?
- Calculating The Amount Of Fibromyalgia Compensation
- Can I Make A Fibromyalgia Compensation Claim?
- What Are Some Common Accidents In Fibromyalgia Claims?
- How Can I Prove Negligence Was The Cause Of My Fibromyalgia?
- Fibromyalgia Claims Time Limit
- Get Help With A Fibromyalgia Claim From Our Advisors
- Frequently Asked Questions
- More Information
How Much Compensation For Fibromyalgia Claims Is Awarded?
You may have questions such as, ‘How much compensation for fibromyalgia claims is typically awarded?’. Every claim is different, with settlements decided on individual merits.
If your fibromyalgia claim is successful, you could be awarded with general damages as part of your settlement. The award of general damages will aim to compensate you for any pain and suffering you experienced due to an accident.
The Judicial College Guidelines (JCG) are customarily used by lawyers when assigning values to injuries and types of harm. For example, a solicitor may use this publication when providing a compensation estimate to a client after a severe car accident.
All entries in the table below, apart from the first figure, have been taken from the JCG. Please note that they are merely guidelines and do not guarantee how much compensation you could receive.
| Harm | Notes | Guideline Compensation Payout |
|---|---|---|
| Multiple severe forms of harm with financial losses | More than one type of harm with special damages such as loss of earnings | Up to £500,000+ |
| Severe Psychiatric Damage | The injured person's ability to cope with life and the future vulnerability will be taken into account | £66,920 to £141,240 |
| Moderately Severe Psychiatric Damage | Cases involving long-standing work related stress and a long-standing disability will fall into this category | £23,270 to £66,920 |
| Moderate Psychiatric Damage | A marked improvement by trail and a good prognosis | £7,150 to £23,270 |
| Less Severe Psychiatric Damage | The level of award will depend on many factors such as the length of the disability and an impact on daily activites | £1,880 to £7,150 |
| Severe Pain Disorder | Significant and ongoing symptoms despite treatment. These are expected to persist with an adverse impact on working and the need for some care or assistance. | £51,410 to £76,870 |
| Moderate Pain Disorder | The symptoms are ongoing but they are of lesser severity than more severe cases with the impact on working and functioning in daily life less marked. | £25,710 to £46,970 |
To receive a compensation estimate of your unique situation, please get in touch with one of our friendly advisors today.
Calculating The Amount Of Fibromyalgia Compensation
In addition to general damages, you could also be entitled to receive special damages as part of your compensation payout. The award of special damages will aim to reimburse you for any financial losses you experienced due to your injuries or harm suffered. To illustrate, you may have incurred long-term therapy costs to help manage living with long-term pain.
Please see the following examples of special damages that you could include in your claim:
- Loss of earnings. Due to the debilitating and long-term nature of fibromyalgia, it often leaves people unable to work or perform their duties to a high standard. As a result, you could claim for a loss in current or future income in addition to a loss in bonuses, overtime pay and workplace benefits.
- Medical expenses. This could include a private medical appointments and resulting prescription costs.
- Care costs. These expenses can cover any elderly or childcare costs that you incurred due to your injuries. It could also extend to any indirect care costs such as the loss of earnings of family members who took time off work to care for you. Additionally, you may have to hire an outside carer to help you.
- Home modification costs. These may include stair lifts, hoists and widened doors to accommodate the effects of fibromyalgia.
- Travel expenses. This can include any fuel costs or public transport costs from commuting to and from appointments.
It’s essential that you provide evidence to support any special damages that you wish to include in your claim. For example, you could provide evidence in the following forms:
- Receipts
- Invoices
- Payslips
- Bank statements
If you’re wondering how much compensation for fibromyalgia claims, please contact our helpful advisors today. An advisor can talk through your out-of-pocket expenses and suggest what evidence you could collect to recover these costs.
£70,000 Fibromyalgia Case Study
As experts in personal injury and medical negligence claims, How Much Compensation solicitors helped a mother of three secure a generous compensation payout after a slip at a fairground, which led to a diagnosis of fibromyalgia.
Elaine Gilmore from Newcastle successfully settled her compensation claim for £70,000 after a traumatic accident at a busy fairground. Notably, one of the senior solicitors from our panel worked with Elaine to win £70,000 after successfully proving her fibromyalgia was caused by the injury sustained at the fairground instead of age and genetics.
Due to the hard work and experience of the team at How Much Compensation, Elaine was able to successfully present a solid case resulting in the enhanced offer of £70,000 being secured. The award helped ensure that Elaine could improve her quality of life and access any additional support that may be required in the future.
If you’re wondering how much compensation for fibromyalgia claims, please get in touch with our advisors for a case check today. They can provide a compensation estimate based on your own unique circumstances.
Can I Make A Fibromyalgia Compensation Claim?
Yes, you could make a fibromyalgia compensation claim provided that you meet the eligibility criteria. As such, you must satisfy the following requirements:
- You were owed a duty of a care
- A third party breached this duty of care
- You suffered injuries or harm as a result of the breach
This is otherwise known as the principle of negligence, and it must be established in order to make a personal injury claim. Furthermore, ‘duty of care’ is a legal obligation that one party owes towards another to reasonably protect their safety.
Notably, there are many scenarios where a duty of care is owed such as:
- On roads
- In workplaces
- In public places
- In medical institutions
Please keep reading our helpful guide to find out how you could make a fibromyalgia claim in each of the above circumstances. If you have any questions about making a claim, please don’t hesitate to get in touch with one of our advisors today.
What Are Some Common Accidents In Fibromyalgia Claims?
There are many situations that may cause the development of fibromyalgia. However, negligence must have occurred in order to have valid grounds to claim fibromyalgia compensation. Therefore, please see the following common accidents and how fibromyalgia claims could arise as a result:
- You could have been injured due to a faulty machine that malfunctioned at work, resulting in head, forearm and leg injuries and the development of fibromyalgia. All employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1975. Employers must also take reasonable steps to ensure the safety of their employees. Consequently, you could bring an injury at work claim.
- You could have been involved in a rear-end collision due to a third party failing to brake in time. As a result, you could suffer a permanent disability such as severe neck injuries, PTSD and long-term fibromyalgia. Notably, all road users owe one another a duty of care to navigate the roads safely and to avoid causing harm to others. This is outlined by the Highway Code and the Road Traffic Act 1988. Consequently, you could make a road traffic accident claim against the third party for your injuries suffered.
- You may have tripped or fallen over uneven flooring at a café, resulting in head and back injuries and the development of persistent fibromyalgia. As set out by the Occupiers’ Liability Act 1957, those in control of public spaces have a duty of care to ensure the reasonable safety of visitors to their premises. As a result, you could make a public liability claim for the injuries you suffered.
- You may have experienced an unnecessary appendix surgery due to a healthcare professional misdiagnosing you with appendicitis instead of IBS. You could therefore suffer severe pain and fibromyalgia as a result. Notably, all healthcare professionals have a duty to provide the minimum expected standard of care when providing treatment for patients. Consequently, you could make a medical negligence claim for the harm you experienced.
Please note that the above list is not exhaustive, and fibromyalgia claims can be presented in numerous ways. If you’re wondering how much compensation for fibromyalgia claims that is typically awarded in the above scenarios, please contact our advisors today.
How Can I Prove Negligence Was The Cause Of My Fibromyalgia?
To make a successful fibromyalgia claim, it’s essential that you provide evidence to support your case. For instance, you must prove that your fibromyalgia developed due to a third party’s actions or inactions. As such, please see the following examples of types of evidence that you could provide:
- Your medical records that support the injuries or harm you suffered
- Contact details of any potential witnesses who could confirm your version of events at a later date
- CCTV footage of the accident. Please note that you have a legal right to request CCTV footage of yourself.
- Dashcam footage
- Photographs or videos of the accident, or of the injuries or harm you suffered
- An accident report form if it occurred in the workplace or in public
- Insurance information and contact details from the other driver if your injuries occurred in a road traffic accident.
If you’re connected with one of the expert No Win No Fee solicitors from our panel, they could help you with any evidence-gathering. To learn more about the different types of evidence you could provide, please contact one of our friendly advisors today.
Fibromyalgia Claims Time Limit
As per the Limitation Act 1980, you will have up to 3 years to make your fibromyalgia negligence claim. The time limit will start from:
- The date that the medical negligence or accident occurred, or;
- The date that you realised the harm you experienced was due to substandard medical care. This is otherwise known as the date of knowledge.
However, there are two notable exceptions that may extend the time limit, such as:
- If the claimant is a child, they cannot make their claim until their 18th birthday; they will have 3 years from this date.
- If the claimant lacks mental capacity, the time limit will be paused for an indefinite period of time. If mental capacity is ever regained, the 3 year limit will begin from this date.
For both claimants above, you could make a claim on their behalf by applying to be a litigation friend. Claiming as a litigation friend allows you to claim for them without waiting for a long period of time to receive a compensation payout. Moreover, litigation friends must be suitable adults of a sound mind and usually a relation to the claimant, such as:
- A parent
- A guardian
- A close family member
- In certain circumstances, a solicitor
As a litigation friend, your responsibilities include making key decisions about the case, liaising with legal representatives and holding funds. If you’re wondering how much compensation for fibromyalgia claims could be awarded, please contact our advisors today.
Get Help With A Fibromyalgia Claim From Our Advisors
At How Much Compensation, our friendly team of advisors are here to help you through your negligent fibromyalgia experience. Our advisors work around the clock to give advice and answer any questions you may have about making a claim. For instance, an advisor can assist with questions such as, ‘How much compensation for fibromyalgia claims could I receive?’ You could also be connected with one of the experienced No Win No Fee solicitors from our panel if you have a strong claim. They operate under a Conditional Fee Agreement (CFA), which provides the following benefits:
- No requirement to pay any fees for your solicitor’s services at the start of your claim or as it progresses
- No requirement to pay any solicitor’s fees if your claim is unsuccessful
- You will be required to pay a small success fee for your solicitor’s work if your claim is successful. The success fee percentage will be subtracted from your compensation and is capped by law. As a result, you’ll always receive the bulk amount of your settlement.
Please see the further benefits you could receive by making a fibromyalgia claim with How Much Compensation:
- Expert advice that strictly adheres to the rules of confidentiality
- Regular claim updates so you always know where it stands
- Arrangements of counselling to aid any ongoing psychological harm you’re experiencing
- Explanations of legal terminologies
- Assistance with signing legal documents
To learn more about how CFAs can benefit you, please contact our helpful advisors today.
Contact How Much Compensation’s Team
If you’re wondering how much compensation for fibromyalgia claims in general, please refer to our compensation table within this guide. For a more detailed assessment of your case, please get in touch with our friendly advisors today:
- Call us on 0800 408 7826
- Contact us by filling out our online form
- Use our free live chat feature
Frequently Asked Questions
To learn more about fibromyalgia compensation claims, please see some common questions and answers below. For further help and guidance, please contact our friendly advisory team today.
What Are The Symptoms Of Fibromyalgia?
As a widespread pain, fibromyalgia has many symptoms that may differ from person to person. Nevertheless, please see the most common symptoms that are experienced:
- A widespread pain throughout your body, presenting as an ache, a dull pain or a burning sensation
- Extreme sensitivity, such as hyperalgesia, which is a hypersensitivity to pain
- Stiffness
- Poor quality sleep
- Cognitive issues, such as speech, attention and concentration difficulties
- Headaches
- Irritable bowel syndrome
- Depression
To learn more about the symptoms of fibromyalgia and how experiencing certain ones could impact a settlement, please contact one of our friendly advisors today.
How Is Fibromyalgia Typically Diagnosed?
Fibromyalgia is typically diagnosed in numerous ways, such as:
- A GP may ask how symptoms are affecting your life and how long you’ve been experiencing widespread pain
- A physical examination for any visible signs or pain and tenderness
- X-rays and scans
- Urine and blood tests
Is Fibromyalgia Difficult To Diagnose?
Due to the range of symptoms that fibromyalgia can present, it’s often a difficult disorder to diagnose. Notably, the symptoms of fibromyalgia can also mimic symptoms of other chronic pain conditions, such as arthritis, irritable bowel syndrome or diabetes. It therefore makes it difficult for doctors to pinpoint what exact health condition is occurring.
Moreover, there is no specific tests or imaging that confirms fibromyalgia. It’s therefore common for fibromyalgia to be misdiagnosed or diagnosed at a late stage.
What Impacts Can Fibromyalgia Have On A Person’s Health?
Due to the debilitating nature of the widespread pain associated with fibromyalgia, it can often lead to negative psychological impacts. For example, people with fibromyalgia are more susceptible to developing mental health conditions such as PTSD, depression, anxiety and panic disorders.
Whilst the quality of life is often affected, fibromyalgia can rarely lead to serious physical health complications. In most cases, fibromyalgia flares and subsides depending on a range of factors such as stress, weight, exercise and food consumption.
Can I Get PIP For Fibromyalgia?
Yes, you could apply for a Personal Independence Payment (PIP) for fibromyalgia as a disabling condition that affects your daily activities. As such, PIP were created to help with extra living costs such as cooking, washing, dressing and getting around due to your condition. For instance, you could claim for these government payments if you need help with:
- Preparing food
- Managing medicines and treatments
- Washing and bathing
- Using the toilet
- Moving around your home
More Information
To learn more about compensation claims, please see our other guides on:
- Learn about how much compensation for hospital negligence you could receive
- Get help with how much compensation for pressure sores
- See the following advice about how much compensation for a retained placenta you could receive
Additional external resources:
- Get help with when to call 999 from the NHS
- See the following advice on claiming for statutory sick pay from Gov.Uk
- Learn about managing sick leave and return to work from HSE
Thank you for reading our guide on fibromyalgia negligence and an explanation of how much compensation for fibromyalgia claims.
