Success in road traffic accident and fibromyalgia claim

This case study was written thanks to the expertise of our team, including Alex Cohen, Philip Cohen, and Steven Akerman, leading experts in compensation claims for chronic pain and serious injury.

Brian Barr Solicitors recently represented a senior director who was involved in a road traffic accident and subsequently developed fibromyalgia. When it comes to making a claim for compensation for complex conditions like fibromyalgia or chronic pain, choosing the right solicitor is crucial. It is a highly specialised area within personal injury law, and at Brian Barr Solicitors we have the necessary experience to handle these cases effectively, using our expert knowledge and understanding of fibromyalgia as well as the input of various medical experts to build a robust claim.

Our client, TK, was involved in a road traffic accident. Liability for the accident was admitted, acknowledging that the defendant was at fault. Initially, TK suffered from whiplash symptoms. However, over time, her pain became more widespread and radiated from her back into her neck, hip, spine, and legs. She also experienced severe headaches and disrupted sleep patterns.

As TK’s pain progressed, she was diagnosed with fibromyalgia by a consultant rheumatologist. The expert confirmed that TK would not have developed chronic pain or fibromyalgia had it not been for the accident. This diagnosis significantly impacted her professional and personal life – she had to reduce her work hours due to her condition, her family had to provide ongoing care and assistance, and she incurred substantial medical expenses as a direct consequence of the accident.

One of the key challenges in TK’s case was proving the direct link between the accident and the onset of fibromyalgia and chronic pain. Brian Barr Solicitors leveraged their extensive expertise, knowledge, and experience in fibromyalgia cases to navigate these complexities.

Prior to the accident, our client’s hobby was glassmaking. The case also hinged on establishing the impact of her chronic pain despite an active online presence promoting her glassmaking business. Understanding that claimants with chronic pain often face video or social media surveillance, we meticulously prepared her witness statements. The defendant scrutinised our client’s online profile and social media activities and offered a £50,000 settlement based on this. However we were confident in our thorough preparation and contextual evidence, so therefore rejected this offer and instead took the case to a Joint Settlement Meeting (JSM).

After thorough negotiations and expert consultations, the case was settled at a JSM for £150,000 – three times the initial offer made to our client. This compensation covered pain, suffering, and loss of amenity; past loss of earnings; past care and assistance; other financial losses; future loss of earnings; and future medical expenses and treatment.

TK’s case highlights the importance of specialised legal representation in personal injury claims involving fibromyalgia and chronic pain. Brian Barr Solicitors expertise ensured that TK received the compensation she deserved, helping her manage the financial and personal challenges posed by her condition.

To learn more about our success stories, and get the legal support of leading specialists in the field, call us on 0161 737 9248.


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