How to Prove an Invisible Illness in Court

Fibromyalgia is a pain syndrome of chronic widespread musculoskeletal pain and fatigue. There is no test or scan that can diagnose fibromyalgia. Given that the symptoms are similar to those of other health problems, it can be hard for your doctor to pin down what is actually causing your aches and pains.

Fibromyalgia is considered an “invisible” disease. Which means that in addition to doctors often having trouble diagnosing the condition, it can also be difficult for others – family, friends, employers and associates – to see and understand your condition.

The pain is thought to be caused by abnormalities in the pain pathways in the central nervous system and fibromyalgia specifically means pain in the muscles, ligaments and tendons, generally all the softer, more fibrous tissues in the body.

How can you describe to those around you the feeling of aching all over, the constant exhaustion, the burning muscles, the twitching, the brain-fog, and the impact that fibromyalgia has on your day-to-day life? Especially since the symptoms often vary in severity from day to day.

Fibromyalgia can be caused – or exacerbated by – physical traumas, such as car accidents and falls, often due to no fault of the patient. If it is difficult to prove to your family and friends, it can be understood how encompassing it can be to make a claim for fibromyalgia. However, with experts on your side whose expertise is chronic pain and who really understand the condition, you can secure compensation you deserve.

Personal injury cases involving claims for fibromyalgia are complex. You need to be able to prove that you have fibromyalgia and that it was caused or exacerbated through an accident. Invisible illnesses such as fibromyalgia and other chronic pain conditions are unfairly susceptible to what is known in the legal industry as ‘fundamental dishonesty’. This is when a claimant is found by the court to have been dishonest, or at least been economical with the truth, in relation to part of their claim.  Just as people on the street question the invisible illness, so too do insurance companies. They can unfairly accuse a sufferer of being dishonest. This really underscores the need for expert legal representation by Brian Barr Solicitors.

Fibromyalgia is still somewhat of a mystery disease. When you don’t look sick and you have to put on a brave face just to get through the day, it can be exhausting explaining how you feel. At Brian Barr we work with medical experts who really do understand fibromyalgia. Rheumatologists, neurologists and pain management doctors who have an in-depth understanding of the condition. We are legal specialists who are continuously exploring chronic pain developments in the courts and have a real insight into the nuances of the medicine and the tenacity to handle anything that may be thrown at us.

In a recent case, just 4 days into the trial (which was due to last 7 days) the defendants withdrew the allegations of fundamental dishonesty upon hearing the strength of our evidence.

Each year on May 12th, millions of people observe National Fibromyalgia Awareness Day and show their support for those who have been diagnosed with the condition. Fibromyalgia may be invisible to others, but it is very real to those who have it. So too is it real to those who understand the condition and are involved in these specialist cases every day.