Fibromyalgia Litigation Chart - illustraion

Fibromyalgia Litigation What you need to know to help ensure a successful outcome. Toll free: 1.888.739.7702 YOUR LAWYER must understand the nature of fibromyalgia and must have successfully handled cases like yours in the past. 23 You are suffering from it and are unable to perform the essential duties of your job or maintain suitable employment The defendant/insurer is liable The burden of proof rests with your lawyer to prove that Your disabling condition I medically exists. and responsible for compensating 5 you for that condition. It is the task of skilled lawyers in fibromyalgia cases to smooth the process and ensure that the clients obtain a justified financial reward commensurate with their losses. It is critical that your lawyer gathers as much as much corroborating evidence as possible - right from the beginning. Insurance companies often refer to Fibromyalgia disabilities as an "Invisible illnesses". This skepticism is evident amongst their doctors and lawyers and sometimes even the courts. Our job is to diligently prepare your file and prove the full extent of your illness. The credibility of the claimant is critical to Fibromyalgia cases. Even with favorable medical reports, or testimony, may prove useless without being able to maintaining the claimants credibility. Our job is to enhance and communicate that reality to the courts. Complete account of your pre fibromyalgia and post fibromyalgia medical history must be obtained prior to discovery. Specialists and experts who are knowledgeable and have treated people with Fibromyalgia must be obtained history must be obtained by your lawyer. This is a crucial part of any case. Having the right medical experts and providing with them the right information is essential. Medical experts need to be able to show that there has been a continuum of pain from the onset of your condition. The ideal medical expert is one who objectively looks at the evidence in a detailed and patient way. Discovery preparation can smooth the path for a straightforward mediation or trial. When a fibromyalgia plaintiff's credibility is untarnished following the discovery process, a higher settlement value will remain within reach. Your lawyer must firmly establish their client's financial needs cannot be met without being employed. The credibility of the claimant is reinforced when the court is posed the question of "why would the plaintiff abandon a steady job and regular income only to chance the uncertainty of financial ruin vs. filing a fibromyalgia claim. FACTORS THAT CAN HELP YOUR CASE: Good work history. When a plaintiff has a solid work history showing continuous employment and reasonable attendance their credibility is strengthened. Absence of previous claims. Historically insurers, defense lawyers and Jury's have shown skepticism towards those plaintiffs with multiple Workers' Compensation claims. There is higher burden of proof is placed on long term disability claims that fit within this category. Expert Medical Evidence. Fibromyalgia is a complex illness and is not fully understood by many general practitioners. Experts in the diagnosis and treatment of Fibromyalgia must be obtained. Supportive documentation must then be produced further illustrating the reality of the claimant's illness. Character witnesses. Your lawyer should interview and obtain statements from as many lay witnesses as possible. Gathering character witnesses can greatly support your claim and are a vital component of any fibromyalgia case. Testimony or depositions may come from family, friends or employers. Öne of the best witnesses can be your family doctor, especially when that doctor was with the plaintiff before the onset and can document their decline EXPECT SCRUTINY FROM THE INSURER: will be hired by the defense. Insurance funded medical experts Surveillance measures will be taken by insurer to Jury tactics will be used - "The woman looks normal – how can her claims be legitimate?" produce evidence of malingering or exaggeration. KAHLER PERSONAL LAW FIRM | INJURY LAWYERS www.kahlerlawfirm.com