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Fibromyalgia/Auto Accident Casestudy

*Names have been fictionalized to protect the privacy of our clients.

Indira Ramcharan - Insurance Benefits Denied

Indira had been employed for more than 15 years as an executive assistant. Some five years before her car accident, she had been diagnosed with a neurological disorder that flared up from time to time, but for the most part did not interfere in any significant way with her job duties. Her employer valued her professionalism and dedication to her work. When she was involved in a motor vehicle collision, it set off a whole host of symptoms, the likes of which she is still dealing with to this day.

Her employer had a great benefit plan, but they kept telling her that any claims she had should be put through her automobile insurance. Her automobile insurers told her the exact opposite and in the meantime, she received no benefits to replace the income she had grown to rely on.

It was at this juncture that Indira approached Share Lawyers. They assisted her in receiving benefits so that she could survive in the short-term. The accident was not her fault and so another insurance company became involved, the ones representing the at fault driver.

Ultimately, all of these insurance companies tried to stop paying Indira. Her recovery was marred by the onset of numerous symptoms and she developed fibromyalgia, a diagnosis the insurers did not want to accept. The combination of fibromyalgia and her pre-existing neurological disorder made it impossible for her to handle the stress and physical demands of her work as an executive assistant.

The auto insurers tried to say all her problems were due to her pre-existing neurological disorder and the disability insurance she had through her employer were trying to say that she was not disabled at all. Legal action had to be taken against all of these insurers and ultimately, after a difficult battle, they were forced to recognize the validity of Indira's claim. Compromise was involved for all parties, including Indira, but at the end of the day, with the amounts Indira recovered, a total compensation of $200,000.00, she is able to get on with her life without the day to day interference of the insurance companies. She is optimistic that one day her medical condition will stabilize sufficiently so that she can once again become a productive member of society.