Why claims for Functional Neurological Disorder are complex

In Part One of this series on FND, we looked at the illness, the symptoms and the difficulties that individuals can face when seeking a diagnosis. In this second part, we go beyond the illness and its causes to offer guidance on making a claim against those responsible.

When FND develops following an accident that wasn’t your fault, pursuing compensation becomes particularly challenging. The condition is invisible in nature and the fact it can’t be ‘proven’ through conventional scans, means it is sometimes met with scepticism by defendants and their insurers.

They may argue that the symptoms have another cause, that they’re exaggerated, or that a pre-existing vulnerability means the accident merely ‘triggered’ rather than caused the condition.

The symptoms themselves can fluctuate, with good days and bad, which defendants may point to as evidence of inconsistency. Yet this variability is entirely consistent with how FND presents. Understanding these nuances is crucial to building a robust claim that properly represents the genuine impact of the condition on someone’s life.

Someone who was previously independent and working may find themselves unable to drive, unable to work and more dependent on others for aspects of daily living. The financial implications are significant, covering not just immediate losses but potentially years of ongoing care, rehabilitation, home adaptations and lost earnings.

Research suggests that around 40% of people diagnosed with FND improve within a year, but for others, symptoms persist or become chronic. This uncertainty about prognosis adds another layer of complexity to valuing claims appropriately.

The importance of specialist legal support

Handling an FND claim requires solicitors who understand the medical complexities and can navigate the scepticism that often accompanies these cases. At Coodes, our personal injury specialists have experience supporting clients with FND and know that the condition demands technical expertise and human empathy.

Securing the right medical evidence is critical and means instructing neurologists and neuropsychiatrists who specialise in FND. These professionals understand how to make a positive diagnosis based on clinical signs, rather than simply ruling out other conditions not shown by traditional scans.

The interplay between neurological and psychiatric factors must be properly assessed and experts need to work together to provide a complete picture of how the condition affects the individual.

We work to secure interim funding for rehabilitation under the Rehabilitation Code, regardless of whether liability has been admitted. Access to specialist physiotherapy, psychological therapy and other targeted treatments can make a significant difference to outcomes.

Crucially, if someone with FND doesn’t accept their diagnosis or engage with treatment, their prognosis is likely to be poor, which makes early, clear and compassionate communication about the condition essential.

Building the right case

Successful FND claims require meticulous case-building. We gather comprehensive evidence about life before the accident, such as medical records, GP notes, employment history, along with witness statements from family and colleagues. This approach helps us establish baseline functioning and counter any suggestions that symptoms would have developed anyway.

Defendants often argue that minor accidents can’t cause such significant symptoms, but research shows that FND can be triggered by relatively minor trauma in susceptible individuals.

We ensure experts properly assess the causation chain, explaining how the specific circumstances of the accident, including the fear, the physical impact and the aftermath, created conditions for FND to develop.

We assess compensation for pain and suffering, as well as past and future loss of earnings, the cost of ongoing rehabilitation and treatment, any necessary home or vehicle adaptations, and care needs. Reflecting the genuine and substantial impact the condition has on people’s lives, FND cases often achieve significant settlements.

Moving forward

If you’ve been involved in an accident and are experiencing unexplained neurological symptoms, or if you’ve been diagnosed with FND following an incident that wasn’t your fault, it’s important to seek specialist legal advice. 

We understand that when an individual has their life impacted by someone else’s negligence, compensation can help them address the changes they may need to live a normal life once again.

Our team combines technical legal expertise with human empathy to ensure our clients are heard, supported and well represented throughout what can be a lengthy, complex process.

The path to recovery from FND can be tough, but no one should have to walk it without proper support, so let Coodes help you secure the compensation you need from those responsible to get your life back on track.

David Usher is an Associate in the Personal Injury department and advises clients on a wide variety of claims, always striving to achieve the best possible settlement, whether the claim is a straightforward accident with a quick recovery or a more complex and life-changing accident resulting in lifelong injuries.

Please contact him via david.usher@coodes.co.uk or call Coodes on 0800 328 3282.