Claiming for loss of earnings
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Our experienced claims lawyers have helped numerous families claim compensation.
We sympathetically, but pro-actively, work on your behalf to help you cope with your medical negligence or personal injury claim.
Adrian Desmond
Partner
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To prove loss of earnings we have to gather all the evidence and put this in the most persuasive way to the Court. Usually nearly all the evidence is factual whether from your statement, statements from friends, colleagues, family members, teachers, employers, or business contacts. In some cases we will need to enlist the help of accountants, employment or recruitment consultants, and industry specialists.
We can claim for your past and future loss of earnings, loss of pension, the risk of losing your job or being unable to continue in your work, and the fact that you are unable to work in your preferred area due to the medical negligence you have suffered
Should your life expectancy be reduced we can claim on behalf of your family for the loss of support you would have provided.
Claiming past loss of earnings
We put together the evidence of what you were earning before your injury and how your earnings would have increased had your injury not happened. Within every claim the evidence will be different. We may simply be able to rely on pay slips and a statement from you. In other cases we may need to take witness statements from friends and colleagues. We will assemble all the necessary available information to show your full loss of earnings.
You are entitled not only to your loss of earnings but also to a further amount to represent the fact you may have had to borrow money and pay interest on the loan to replace your earnings. You are entitled to this even if you have not in fact taken out a loan.
Claiming future loss of earnings
As a result of your medical negligence we will claim your future loss of earnings and pension entitlement.
We need to show the Court what you would have done and how much you would have earned if you had not suffered your personal injury.
We put together the evidence which persuades the Court of your likely earnings potential, career path, or business development.
Depending on the evidence the Court will take the yearly amount you would have earned, make a deduction for your actual likely earnings, and then multiply the amount by a number to take into account the number of years for which you will experience a loss of earnings. If your earnings would have increased exponentially and might be more uncertain the Court may make a percentage deduction for the chance of your not fully achieving your career path.
Claiming loss of pension
We will recover your loss of pension benefits. These can often be overlooked as they seem so far away at the start of a career however are important as depending on your type of employment might be substantial.
Compensation for the risk of losing your job
We will recover compensation for the risk of your losing your job or livelihood.
In some cases you may have been able to continue in your job however with difficulty and there may be a risk that you will lose you job because of your personal injury. We will assess this risk and recover compensation for you to reflect this risk.
Loss of a preferred career compensation
We will be able to recover compensation for the fact you are unable to pursue your preferred career, even if you have no actual loss of earnings.
Reduced life expectancy compensation
We will recover compensation to ensure that your family receive the financial support that you would have provided had you not been injured.
