Personal Injury and Insurance LawIntroduction
My name is Brian Barr. I am a solicitor who has been asked by the editors of this website to write a section to show sufferers, their friends and family how Fibromyalgia is regarded within the law and to provide legal help and support.
We specialise in cases where individuals have brought claims for damages because Fibromyalgia has either been brought on, or if it was an existing condition, has been worsened as a result of an accident. This accident may, for example, be a road traffic accident, or an accident at work.
We also provide assistance where insurers and pension providers have refused to pay out to Fibromyalgia sufferers.
We may also be able to assist you if you think your solicitor may have under settled a claim.
The Legal Support element of this site will provide an insight into the types of claims which may be brought by sufferers of Fibromyalgia and provide some practical help on how you can help yourself if you decide to bring a claim.
By Brian Barr, Solicitor.
FM is now firmly established on the legal map. The authoritative Judicial Studies Board guidelines give a bracket for damages awards in fibromyalgia cases where the fibromyalgia has been triggered by an accident.
It is also firmly established that medical reports on fibromyalgia should be prepared by rheumatologists. Gone are the days when orthopaedic surgeons and psychiatrists were automatically involved. We have a database of medical experts who recognise fibromyalgia and accept that it may have been triggered by accidents. Further, insurers can now be made to recognise, extremely reluctantly, that FM is a real condition that can cause total permanent disability. This is invaluable when it comes to critical illness policies, permanent health policies, mortgage protection policies, accident protection policies and income protection policies. Insurers will often try to put you off because there is no cancer, stroke, paralysis or serious heart condition. However, FM is frequently covered if you can come within the definition of total permanent disability. We will be able to help you on that.
Please remember, however, that there are time limits for all legal cases, and therefore we suggest that you contact us whenever you think you might have a case.
Brian Barr Solicitors
Telephone: 0161 737 9248
Freephone: 0808 123 0003
Fax: 0161 637 4946