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Fibromyalgia Claims & Witness Statements

Posted on 7th November 2013

Dear Alexa ,

I developed Fibromyalgia following a road traffic accident. I am involved in an ongoing accident claim.  My solicitor has asked me to produce a witness statement dealing with my Fibromyalgia and the impact it has had upon my life but he has not given me any guidance about what to put in the statement. Can you help?

Janet

Dear Janet,

Submitting a good witness statement is perhaps the most important part of a Fibromyalgia claim. This is because the Defendant will almost certainly try to obtain video surveillance of you in order to undermine your credibility. If you are seen doing something on the surveillance that you did not acknowledge in your statement, this is likely to cause irreparable damage to your claim.

It is our experience that a good witness statement is the best weapon against an attack on a Claimant’s credibility. The statement must be lengthy and detailed, covering every aspect of your life. The statement should emphasize what you are able to do as well as what you cannot do. By adopting an honest, up-front ‘cards on the table’ approach in your statement, you will be protecting yourself from any suggestion that you have exaggerated the extent of your disabilities.

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Preparing a witness statement is one of the key stages in a Fibromyalgia claim. We spend many hours with our clients to ensure that their statements are thorough and completely accurate. If your current solicitor is not giving you appropriate guidance about your witness statement, this should give you cause for concern.

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Regards,

Alexa

References:

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