It was previously considered to be an inflammatory musculoskeletal disease but is now classified as an illness affecting the central nervous system.

In addition to widespread pain, common symptoms of fibromyalgia include increased sensitivity, extreme fatigue, sleep problems, problems with cognitive processes, IBS, headaches and muscle stiffness.

Although there is no known cause of fibromyalgia, it is often triggered by physical injury, viral infection, or a stressful event (both physical and emotional). Importantly, people suffering from fibromyalgia are unlikely in many cases to be able to work, meaning some fall into debt, requiring the likes of £1,000 loans and payday loans in order to stay afloat. It is, however, possible to claim compensation for fibromyalgia too. 

What Are Fibromyalgia Claims?

It is possible that you might be entitled to a fibromyalgia compensation claim if your fibromyalgia symptoms were caused or exacerbated due to someone else’s negligence.

In order to make these claims, you need to first be able to demonstrate that it was the other party’s negligence that caused your fibromyalgia symptoms. Note that the value of your claim will be directly correlated with how severe your symptoms are and the impact that it has had on your ability to work or carry out your daily life.

In general, when making a claim you will need to claim within three years of becoming aware of the negligence which caused your symptoms.

When making a claim for developing fibromyalgia as the result of someone else’s negligence, it is crucial to work with lawyers who have expertise in this area so that they can understand the trauma, lifelong impact and complicated diagnostic process that are associated with fibromyalgia.

Common Fibromyalgia Claims

Fibromyalgia and its symptoms can be induced or exacerbated by stressful events or physical injury. As such, claims such as a car accident that was not your fault or an accident in the workplace, are some of those commonly placed by fibromyalgia sufferers.

Additionally, the multiple symptoms of Fibromyalgia make misdiagnosis all too common. In cases such as these, you may be able to take out a claim against the medical professional due to medical malpractice.

Depending on your country of residence, you may also be entitled to a range of welfare benefits as a result of your condition. It is worth reviewing these when considering making a claim to see if you have been missing out on anything you are legally entitled to.

What Is The Average Settlement For A Fibromyalgia Claim?

The value of a claim will depend on the nature of the claim, the severity of the injury and the level of impact it has had on your daily life. As such, the value of a claim will vary hugely on a case-by-case basis. Numbers typically range from £100,000 to as high as £1.5 million.

Compensation for injury usually includes some compensation for pain, suffering and loss of amenity and then any additional financial losses or expenses that were incurred due to negligence.

As a rule, those whose lives have been most impacted by their fibromyalgia will receive a larger compensation payout. For example, someone who is unable to return to work due to how much their fibromyalgia symptoms are affecting them on a daily basis. 

Alternatively, someone suffering a flare-up or something more short-term will receive a lower pay out. Fibromyalgia flares can temporarily increase the number or severity of symptoms and can last as little as one day or up to several months.

There are some other ways in which people with fibromyalgia may seek to get money to help them manage their condition as well as their lives, including seeking help from friends and family or looking for where they may be entitled to refunds and rebates (such as a stamp duty rebate where possible) and even other reclaim options.

Difficulties Associated With Fibromyalgia Claims

One of the key difficulties that comes from fibromyalgia claims is proving that you have fibromyalgia, as the symptoms vary and crossover with many other conditions. The main symptoms, widespread pain and fatigue, can be found alongside many conditions apart from fibromyalgia. Additionally, there are no lab tests or imaging tests available for diagnosing fibromyalgia.

In order to diagnose fibromyalgia, your GP will talk to you about your symptoms and the extent to which they are impacting your daily life. Usually, medical professionals will carry out diagnostic tests and blood tests to rule out any other conditions with similar symptoms.

The amount of the pre-settlement cash advance is based on how much you are expected to win in the case.

If you lose the lawsuit, you are not required to pay back any of the money that the pre-settlement funding company advanced. Many people wonder what percentage of the settlement they can get before finally winning the judgment.

What Is Pre-Settlement Funding?

Pre-settlement "loans" are offered to plaintiffs in various personal injury cases, from wrongful deaths and medical malpractice to product liability and workplace injury. These "loans" are not loans in the traditional sense, but many companies refer to them that way to make it easier for borrowers to understand.

These loans are not strictly regulated, and the terms can vary from state to state. Reputable pre-settlement funding companies usually require a short application, and the approval is not based on your credit score. In most cases, you will get your funds in as little as one day.

The amount you can borrow hinges mainly on the circumstances of your case, the expected settlement amount, and how long the case is expected to last. When you win in court, you will be required to pay back the amount of the advance plus fees and interest.

What Percentage Can I Get in Pre-Settlement Funding?

According to a popular settlement funding company, borrowers are allowed 15% to 20% of the anticipated settlement amount as an advance. Borrowers may also take out more than one pre-settlement cash advance.

This means that if you are expecting to win $100,000 in compensation, your advance is capped at $20,000. This limit may vary from state to state, but it is helpful to think of the 20% cap as a general rule.

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The Pros and Cons of Pre-Settlement Funding

The most significant benefit of pre-settlement funding is that you can get money upfront to help pay off some of the expenses related to a civil case. You may be out of work or recovering from an injury. The bills might be piling up with no end in sight. A cash advance can give you the cash you need now without having to wait until the conclusion of your case.

On the other hand, the interest rates for pre-settlement funding tend to be excessively high because the loans are a bit riskier for the lender. They only pay if you win the case, so this means there is a possibility that you lose and the lenders lose their money too.

Besides, your attorney has to agree to your receiving of the funds, something that many attorneys are reluctant to do because of the legalities involved. Many financial experts recommend that litigants seek out alternative sources of funding before turning to pre-settlement funding.

Conclusion

Pre-settlement funding is a fast source of financing when seeking compensation in a personal injury case that might drag on past your financial capabilities. You can get up to 20% of the expected settlement in cash advance but expect to pay some fees and interest rates too if you win your case. It will also be helpful to read more about the types of personal injury cases in which you can access such convenient funding.

According to recent statistics, about 264 million vehicles hit the road annually in the US. Moreover, there are more than 210 million registered drivers, making the country’s roads some of the busiest. Despite introducing new and advanced safety features in cars, about six million car accidents take place on American roads each year.

Most of the victims file personal injury claims, and insurance carriers pay out billions of dollars annually. If you have been involved in an auto accident, you may want to know how much compensation you can get from your insurance firm.

Although there’s no specific amount payable after a car accident, understanding how insurance firms calculate settlements can help you estimate how much money you’re entitled to. Some companies use software for calculations. See more information about factors that could affect your settlement to make sure you are well-prepared before diving into a personal injury claim.

The Type of Insurance Policy

An insurance provider will determine the settlement based on the specific type of policy each driver holds, and their maximum limits. For example, in some jurisdictions, drivers must have minimum coverage that includes $5,000 for damages to other vehicles, and $15,000 for injuries or death of a person during an accident.

In some areas, you can choose between full tort and limited tort. On one hand, the latter offers policyholders the possibility to file claims for economic and non-economic damages, irrespective of the severity of the injuries. On the other hand, for limited tort, drivers can save money on their premiums.

Nevertheless, drivers must waive their rights to claim damages such as pain and suffering, unless their injuries are considered serious. The injured parties can still file claims against the other drivers, or they can file third-party claims against their insurance firm for monetary damages. There are limitations on non-economic damages as well, including whether the driver who caused the accident was impaired.

Your Current and Future Medical Expenses

If it’s clear that if liability is on the other driver’s part, their auto insurance firm is likely to offer a quick but small settlement before evaluating the full extent of the injuries you have incurred. Why should you be concerned about that? Well, no policyholder can tell how damaging the injuries will be or how much money they will spend on future treatment in the immediate aftermath of a car accident.

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In some cases, other medical complications could develop from current injuries. Ideally, an insurance company should rely on experts who understand the injuries in order to determine the costs of any future treatments. For example, the settlement may include expenses such as medications and ambulance health care services.

Reimbursement for Out-of-Pocket Expenses

The recovery process includes a lot of expenses. Your settlement may include costs such as hiring a car while yours is being repaired, transportation costs to and from medical facilities, and hiring someone to perform household chores you may not be able to perform because of your injuries. In order to get compensation, you must keep copies of all the bills and explain why they’re important.

The Impact of the Accident on Your Life

The settlement may include non-economic damages if the victims have full tort coverage and/or limited tort coverage in some cases. This refers to compensation for damages that affect your well-being and ability to engage in various activities you used to participate in before the occurrence of the accident. It’s difficult to determine the fair value for such damages.

Non-economic damages include pain and suffering. Generally, an insurer is likely to ask you to prove that your pain and suffering are up to the degree that you claim. Unlike medical bills, proving pain and suffering may require more than just receipts. For example, you will need to have official statements from medical professionals showing the costs of the ongoing treatment and an estimated recovery period.

This investigation is conducted to see whether you were actually hurt at work or are attempting to use the company's insurance policy to collect money.

Being investigated may seem like a complete invasion of privacy, but the investigation is completely legal in some states. You won't automatically be under investigation if you're injured at work, but in cases, your employer will hire someone to discreetly observe you if it is believed that you may be faking, exaggerating, or malingering your injury. Malingering refers to drawing out your healing time so you can receive additional benefits or avoid returning to work.

In some instances, the investigator can take your actions out of context and present the information to your employer to reduce your settlement amount. For example, if you hurt your back at work, the investigator may submit a photo of you playing catch with your children or picking up your baby. This will make it seem that you aren't really hurt and can still perform your normal work duties.

Tactics Implemented by Worker' Comp Investigators

Investigators will keep tabs on your actions through:

• Online surveillance
• Video surveillance
• Interviews or other forms of direct communication
• Interviews or conversations with your relatives, friends, or co-workers

Investigators will often watch you when you're outside of your home and in a public space. Technically, since the investigator is not observing you when you're in a private location, the surveillance is legal.

This means the investigators can watch you while you're in your driveway or yard, at the grocery store or a shopping center, or when you're in a public park. Keep in mind that any time you're in a public area where others can see, the investigator is allowed to "see" you as well.

Being investigated may seem like a complete invasion of privacy, but the investigation is completely legal in some states.

More About Investigator Surveillance

The insurance company representing your place of work can also conduct online surveillance. This means the investigator may be watching to see what you post on social media or in chat rooms.

If you post anything that gives the impression that you are not truly injured, the investigator can take this evidence to the insurance company. Be careful about what you post, in written or video form, or avoid being on social media altogether until your worker's compensation case is settled.

Investigators may also speak with you in person without revealing their identity or talk to your family and friends. Be mindful of what you say about your work injury since investigators don't have to tell you if they're working on behalf of the insurance company.

The report submitted by the investigator will often be used as a form of evidence at your hearing. Investigators also submit the report to your doctor to verify your physical abilities when you're not at work. This could impact your physician's opinion about providing further treatment.

Does My Case Have to Be Investigated?

Generally, insurance companies may conduct surveillance if it is believed that:

• You've stated that your claim is more severe than it is
• You're pretending to be injured or sick
• You're working more than one job

While you may be offended at the idea of being watched, it's important to note that worker's compensation fraud does happen. So if your employer has any reason to suspect that you're trying to get more money than your case is worth, you'll be put under investigation.

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Even if the case is new and you haven't given your company any reason to suspect fraud, your employer may still appoint an investigator to make sure your claims are legitimate.

Remember that insurance companies don't want to pay out for workers' compensation if they don't have to, and they certainly don't want to award funds to people who are not entitled to them. Workers' compensation fraud impacts the state system for accommodating employees who are truly injured and raises the cost of insurance. This is why companies take worker's comp fraud very seriously.

Are You Under Investigation?

Most of the time, you won't realise you're being watched. Private investigators are discreet, and again, they don't have to reveal their identities. However, there are some signs to look out for.

If you see a car outside of your home that you don't recognise or you realise you're being followed when you're traveling to a public area, you could be under surveillance. If your friends or relatives may have spoken with someone new, this could be a clue as well. Ask your loved ones if anyone has contacted them regarding your work injury.

Protect your rights as an injured worker with the help of a worker's compensation attorney. It's best to contact an attorney as soon as you can when you're injured on the job. Your lawyer will carefully investigate every detail of your case so you'll know exactly what you're entitled to in a settlement.

Insurance companies want to make as much profit as possible, so they may not always obey all the rules. What you may not know is that insurance companies are required to do certain things when you file a claim. When they do not, they may be in violation of the law.

Unreasonable Delays

Insurance companies sometimes delay the start of an investigation into a claim with the hope that you will simply give up on it. Most state laws have deadlines for when an insurance company must accept or deny a claim. These deadlines may range from 15 to 60 days. If your insurance company delays investigation beyond those dates, they may have violated the law.

Failure to Conduct Investigation

Your insurance company is required to act in good faith and provide you with a fair deal. They must investigate any claim you file, even if it is simply sending an adjustor to review your damage. If you submit a claim after your car is damaged while parked on a street and your insurance company denies the claim without sending out an adjustor or refuses to look at estimates you have collected, they are not acting in good faith.

Deceptive Practices

If your insurance company fails to provide you with important information, they may be in violation of the law. This could include:

• Failing to disclose existence of coverage
• Failing to notify you of a claim deadline
• Failure to provide necessary paperwork to complete your claim

Your insurance company is required to act in good faith and provide you with a fair deal.

Offering Low Settlement Amounts

Although insurance companies try to offer low settlements in order to increase their own profits, they are not allowed, under the law, to purposely offer far less than they know your claim is worth. If you have provided estimates for damage repairs and your policy has adequate coverage to pay those claims, the insurance company may not offer you less than the lowest estimate you received.

The insurance company can also not refuse to pay a valid claim that is a covered event on your policy. For example, if you have no-fault insurance coverage and are struck by an uninsured driver, your insurance company must cover the damages and any injuries.

Misrepresentation of the Law

There have been instances when insurance companies purposely misrepresent the law or the language of a policy in order to avoid paying a claim. Insurance agents have a duty to be truthful in their statements, and making false statements may be a violation of the law. In court, you must prove that the statements made were intentionally false in order to mislead you.

Threatening Statements

Any insurance company that makes threatening statements to a policy holder may be prosecuted under the law. If an insurance agent tells you that if you file a claim, they will file legal action against you, it is important that you contact your state insurance board as well as an attorney right away.

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What to Do When Your Insurance Company Breaks the Law

Did your insurance company break the law when they processed—or failed to process—your claim? If you believe your insurance company has violated the law, it is important that you reach out to an insurance attorney to learn what rights you may have. The only way to keep these companies operating the way they should is to hold them accountable when they are on the wrong side of the law.