Dear Brian,
I have developed fibromyalgia following a road traffic accident. At first, my solicitors and the experts they instructed were supportive. However, the Defendants have obtained surveillance of me doing some light shopping and driving close to my home. My solicitors and experts have now turned against me, saying that my condition is not as serious as I am making it out to be. My solicitor is pressuring me to accept an offer that I do not think properly reflects the true value my claim as I have been unable to work since the accident and I rely on my family to care for me. Can you help?
Regards
Adrian
Dear Adrian,
Unfortunately, there is a lot of scepticism about Fibromyalgia and it is our experience that if not dealt with correctly, surveillance is often used unfairly to cast doubts upon the honesty of a Claimant.
It is crucial that surveillance footage is viewed in the proper context. Has your solicitor gone through the surveillance with you? Have you produced a witness statement commenting on the surveillance which has been forwarded to your experts? Does the surveillance contradict anything you previously told your solicitor or one of the experts?
It would also be helpful for your solicitor to speak to family members and friends who will be able to provide some more insight on the way that your Fibromyalgia affects you.
We have been involved in a number of claims in which a solicitor was pressuring the Claimant into accepting a low offer because of surveillance and we were able to deal properly with the surveillance and obtain a much more favourable result.
Regards
Brian Barr
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