An under settled fibromyalgia case is a case that is settled for too little by the solicitor or settled for a lesser condition such as whiplash. An example of a situation where a claim could be made is when an accident occurred and was settled for £5,000. However in the meantime, the injured party is diagnosed with Fibromyalgia but this is dismissed by the solicitor who has not asked a specialist to try to determine if there was a link between the accident and the Fibromyalgia. If a specialist can prove the link there is potential for the claim to be re-evaluated to go for a much larger claim against the solicitor who has failed to represent their client adequately.
An example of such a fibromyalgia case dealt with by Brian Barr was that of Mrs R P of Kent who was in a road accident. Her solicitors settled the claim on the basis that she had a whiplash injury. However, it was clear from her medical records that she developed fibromyalgia. Brian Barr solicitors obtained all her medical records and an independent rheumatologist’s report.
This report indicated that she had developed fibromyalgia as a consequence of the road accident. This had left Mrs R P unable to work and she needed a good deal of care and assistance with household tasks. The condition was likely to last for a lengthy period. Brian Barr recovered nearly £1 Million for Mrs R P from the insurance company representing her previous solicitors. They had failed to appreciate the severity of the case and losses to Mrs R P and only obtained paltry damages for her.