It’s pretty common in most personal injury claims that the injured person has suffered a loss of earnings as a result of the accident / injury.
When it comes to loss of earnings, each case is different; whether you are self-employed or employed, whether you were paid company sick pay or just statutory sick pay, every case is always different. Some people are fortunate enough to be paid in full during their absence from work, but have lost out on overtime they would have worked had they not have been injured. Other people only receive Statutory Sick Pay (SSP), or if the case is you’re self-employed you will probably receive nothing at all.
How can you claim this loss?
A loss of earnings claim is usual claimed in a document called a Schedule of Special Damages, which is a court document that has to been prepared to detail all the Claimant’s (Your) financial losses that have been incurred as a result of the accident or injury.
Documentary evidence is required to prove the loss has in fact occurred. We here at The Injury Lawyers normally ask for upwards of 13 weeks pre-accident wage slips and the wage slips covering the period of absence for most cases. For self-employed cases we would ask you for 3 years pre-accident accounts and tax returns and accounts and tax returns covering the period of absence. We would also ask a medical expert to examine you and discuss your inability to work and comment on how long it could take you to recover from the injuries sustained, and whether the amount of time taken off work is appropriate.
Once this information is received we can calculate the pre-accident net average earnings, and use this weekly or monthly figure to calculate the earnings you should have received during your period of absence, whether it is weeks, months, years, or even for future lost earnings. We will then deduct the net earnings you received during your absence (if any at all) from this figure to give us a total loss of earnings incurred as a result of the accident. This is then included as part of your claim for compensation.
Think you’ve got a personal injury claim? Why not give our friendly team here at The Injury Lawyers a call for free, no obligatory advise on 0800 643 75 75. We can guarantee a 100% no win no fee personal injury claim.
If you have suffered lost earning from your accident, make sure you get them fully claimed back! It’s your entitlement by law!
