As fibromyalgia, CRPS and chronic pain are invisible illnesses, it can be very difficult to prove the impact it has on an individual. In personal injury claims, such illnesses depend almost entirely on the symptom’s claimants report to experts. Fundamental Dishonesty is a big risk in chronic pain litigation and therefore it is imperative that you have expert solicitors on your side as soon as possible, who understand your condition and how to prove it. Changing solicitors is simple and quick.
In general terms, Fundamental Dishonesty is where a claim is found not to be genuine, and is a route that can be pursued by a defendant in order to get a claim dismissed.
Mr Jenkinson sustained multiple injuries in a road traffic accident, including fractured ribs, and soft tissue injuries to his knee, cervical spine, lower back and abdominal wall. The driver of the other vehicle involved accepted liability but there was dispute between the parties at trial as to the accident-related injuries caused by the accident. In the trial Mr Jenkinson was found to be fundamentally dishonest in advancing his claim of personal injury and the extent of his disability with the result that his claim was dismissed in its entirety.
Brian Barr Solicitors then took on the appeal and overturned the judgement in the High Court. It was found that Mr Jenkinson was ’ambushed’ in the initial trial. His case is now over, however it is difficult to make up for the insult, upset and stress Mr Jenkinson felt when he was wrongly accused of fundamental dishonesty. In personal injury cases, especially those involving hidden or invisible illnesses, it is vital to speak to solicitors who are experts in this area at the very start of your case, rather than having them come in later down the line to fix a mistake.