Car accidents and blunt trauma accidents
are leading causes for dozens of injuries and conditions. It is astonishing how many different types of effects can stem from the same incidents
. One such effect is fibromyalgia, a bodily condition targeting the bones and muscles
. It can be debilitating for some and may cause intense, long-lasting pain. Although doctors are not entirely certain what the myriad causes of fibromyalgia
are, there is evidence to suggest that accidents contribute a lot. Therefore, if you were hurt in an accident and later went on to develop fibromyalgia, you could hold the responsible party accountable for your expenses. Fortunately, our team of attorneys at the Downtown LA Law Group
is experienced with fibromyalgia lawsuit cases
, and we know the best tactics to succeed. Clients often call us with the following questions:
- Can an accident cause fibromyalgia?
- Can a fall cause fibromyalgia?
- Can you get fibromyalgia from a slip and fall?
- Can you get fibromyalgia from an injury?
- Can you get fibromyalgia from whiplash?
- Can you get fibromyalgia from broken bones?
- Can you get fibromyalgia from a ligament tear?
- Can you get fibromyalgia from a torn ligament?
- Can you get fibromyalgia from surgery?
- Can you get fibromyalgia from injections?
What is fibromyalgia?
Fibromyalgia is a condition that affects that bones and muscles
. It is characterized by intense pain and fatigue
, muscle burning, twitching, muscle tightness, joint pain, fatigue and exhaustion, low tolerance for pain, memory issues and concentration troubles (known as the “fibro fog”), trouble sleeping
, and mood swings (anxiety, depression, nervousness).
In terms of feeling, it has been likened to tendinitis and bursitis
, which can be extremely painful conditions. The pain will often radiate and come in waves, and can be compared to dislocations and breaks without the actual damage.
Additional symptoms of fibromyalgia can include frequent urination, numbness and reduced feeling in the extremities, sensitivity to the elements, dryness in the mouth and eyes, irritable bowel syndrome, headaches, and stiffness.
Unfortunately, diagnosis of fibromyalgia can be difficult because of the closeness to other conditions like lupus and arthritis
What are the causes of fibromyalgia?
Fibromyalgia’s cause is unknown, but there are some theories that doctors have posited over the years. These causes include genetic predisposition
, a co-existing disease, abuse, PTSD, gender, physical inactivity
, and more. However, there have been cases of fibromyalgia occurring after accidents, like car crashes and falls.
This leads to the belief that there is a certain amount of pressure placed on nerves and such in the affected areas
, or there can be a problem or with the brain and spinal cord after an accident. The brain may misinterpret pain signals and be unable to resolve them, even in the face of no immediate trauma.
Therefore, it is fair to assume that sudden trauma can throw off the signals and can force the body to respond to the injury in an exaggerated manner. Causes may therefore include whiplash from car accidents
, neck and spinal cord trauma from falls or car crashes, falls down stairs or on slippery floors
and surfaces, and more.
Given that PTSD and trauma are significant potential causes for fibromyalgia, it is no surprise that accidents would also contribute. For many, car accidents and other incidents that result in serious injuries are extremely traumatizing events and can lead to various mental issues and emotional problems.
What should I do after an accident?
If you were in an accident, even before getting the diagnosis for fibromyalgia, it is important that you collect as much evidence you can from the scene of the incident. You should also follow a procedure to ensure that you stay safe and healthy.
The first step you take should be to go to the doctor for treatment and to continue to get treatment until you are healed. If you wait too long to go to the doctor, you run the risk of worsening your health. Further, the insurance agent could look at the gap between the accident and the visit to the doctor and claim
that you were hurt elsewhere or for another reason during that time. It becomes easier to cast doubt when there are lapses in time.
Be sure to keep all the medical receipts and doctor’s notes detailing your injuries
, especially anything related to the fibromyalgia after some time.
Next, you should take as many photos as you can of the injuries you suffered
, the scene of the accident, any involved parties, and more. You could also secure video footage if possible, whether from dashboard cameras, security cameras, and anything else.
You can write down the testimonies and statements of people who saw the accident happen
. Eyewitness and bystander claims can support your case and provide additional perspectives that insurance agents can consider.
You should write down any contact information and insurance details from the responsible party so you have a clear target in mind for your lawsuit. It will be extremely beneficial once you begin treatment and once you pursue compensation.
Lastly, it is heavily recommended that you hire a lawyer to handle your case for you. If you do not have any legal experience or you have not gone to an insurance agent with a claim, you will be at a severe disadvantage. The chances of you successfully winning your claim are very slim; insurance agents will always do all they can to throw out claims and reject them. You should instead focus on recovering and getting proper treatment for your fibromyalgia and other injuries – let a skilled attorney negotiate a fair deal for you.
What can I win in a fibromyalgia lawsuit?
If you wish to file a fibromyalgia lawsuit against another party, you could potentially earn a large sum for the losses and damages you suffered. The value of your claim will be weighed by the insurance agent. He will consider the injuries and condition you have, the level of impact the damages had on your life and career, and whether or not you had a part in the accident or were negligent yourself. Once he has considered all of these factors, he will make an offer.
Our lawyers will work to bring you the fairest compensation available for your case and we will seek to provide you with coverage for the following expenses:
- Medical bills from the past and future for surgery, hospitalization, medication, physical therapy, and other treatments to help with the fibromyalgia
- Lost income if you were unable to return to work for any period of time, whether days or permanently
- Damaged property for any personal items that were lost or needed to be replaced or repaired in the incident
- Pain and suffering damages for PTSD, emotional anguish, fear, anxiety, and more
Without an attorney, on your side, you may not be able to receive what you deserve.
Learn more about your legal options: call (888) 649-7166 to speak with a representative now.
How much time do I have to sue for fibromyalgia?
Because fibromyalgia generally does not appear until days or weeks after an incident, and because of how long it can take for a diagnosis to be made, many people miss out on the opportunity to sue for compensation. The deadline to file a claim for personal injuries in the State of California is 2 years from the date of the damage
. If you miss this deadline, you will not be able to receive any coverage at all.
The important step, therefore, is to file a claim within a reasonable time. You should seek out an attorney who can gather your evidence, pen the demand letter, and submit it to the insurance agency as quickly as possible without sacrificing potential proof. The sooner you get the claim out, the sooner you can get covered for what you need.
There are a few ways that the statue fl imitations can be extended. They include:
- Underage victims, who can wait until they turn 18 years old to legally sue and adhere to the statute of limitations
- Physically or mentally incapacitated victims, who cannot sue until they return to their functioning or healthy states
- Individuals with cases wherein the defendant is not present in the state, meaning the statute of limitations can be suspended until the defendant returns
Do not wait too long to sue or the statute of limitations for your lawsuit will expire. Call us to ensure that your claim is filed on deadline.
Our Firm’s Promise
The Downtown LA Law Group
promises to work around the clock to win you every penny of the restitution you need. We have years of experience handling lawsuits from individuals who have been afflicted with fibromyalgia, and we know the best methods for success. We are aggressive lawyers and we will relentlessly pursue your damages around the clock. If we need to go to court to win your case, we are willing to do so.
Call (888) 649-7166
today to set up a free legal consultation with an expert lawyer to discuss your case. We will tell you what we think the value of your claim is and what we can do moving forward. You will be able to ask us any questions you want and address any concerns. If you want us to represent you, we will give you our zero fee guarantee, which states that you won have to pay anything out of pocket throughout the case. We will cover all the costs ourselves, and our payment will come from the insurance settlement won from the agency. If we lose, we pay nothing, and you owe nothing to our firm.
Reach out to the Downtown LA Law Group
today to get started on your fibromyalgia lawsuit against the responsible party.