The client, herein referred to as ‘Mrs L’, was involved in an accident that took place in June 2006. She was struck by a fork lift truck that was being driven by a colleague. Mrs L’s injuries appeared to be minimal; however in the months that followed the accident she developed a combination of severe fatigue and chronic widespread pain. Mr’s L was subsequently diagnosed with Fibromyalgia
Mrs L had enjoyed a varied and active lifestyle pervious to the onset of her condition. She was the mother of 6 children and in full time employment. As her Fibromyalgia developed, Mrs L was forced to leave work and was unable to properly care for her family as before.
Mrs L’s Trade Union initially appointed a firm of solicitors. They went on to obtain a report from an Orthopaedic Surgeon which concluded that her Fibromyalgia was in no way linked to the accident. On this basis, her solicitors recommended she accept a settlement of £3750; adding that if she refused to accept they would no longer represent her.
Mrs L refused the offer and in February 2010 she instructed Brian Barr Solicitors, who obtained a report from a Consultant Rheumatologist which concluded that Mrs L had developed Fibromyalgia as a direct result of the workplace accident. The Defendants obtained their own reports from a Rheumatologist and a Psychiatrist which disputed this link.
As the case moved to trial, both parties arranged a Joint Settlement Meeting at which offers were exchanged. Mrs L eventually accepted a settlement offer of £125,000. Mrs L was understandably pleased that the case was successfully resolved and delighted at the result.
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