By Stephen Kane. Last Updated 16th January 2024. You may already know that if you have an accident that was caused by a third party who owes you a duty of care, you could seek compensation for your injuries. In addition, you may also be able to claim for financial losses caused by the injury too. Depending on how long your injuries affect you, one of your biggest losses could be your income if you’re unable to work. In this article, we will look at when you could seek compensation for loss of earnings. Furthermore, we will show how the loss of earnings is calculated and explain how a personal injury solicitor could help with the process of claiming.
Advice.co.uk is able to help you begin your claim. We have specialist advisors who’ll happily review your case on a no-obligation basis. Following your review, they’ll offer free legal advice on your options.
Where a case seems to be viable, they could connect you to a personal injury solicitor from our panel. Should your case be accepted by the solicitor, then you’ll benefit from a No Win No Fee service.
To learn more about making a loss of earnings claim, please read on. If you would like to talk with our team right away, please call us on 0161 696 9685 today.
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- Eligibility To Claim Loss Of Earnings In A Personal Injury Claim
- How Do I Prove A Personal Injury Claim?
- How To Calculate Compensation For Injuries And Loss Of Earnings
- No Win No Fee Compensation Claims For Loss Of Earnings
- Related Guides
If you have experienced a loss of earnings due to your injuries, you may be able to claim these lost earnings back under special damages as part of your personal injury claim. We will explain in more depth what special damages are in a later section of this guide.
However, in order to claim back your lost earnings under special damages, you must ensure that you have a valid personal injury claim. This means that you must prove that the injuries you suffered were caused by a relevant third party breaching the duty of care they owed you.
Who may have owed you a duty of care will depend on what type of accident injured you. Examples can include:
- An accident in public- While you are in a public place, such as a restaurant or park, the controller of that space owes you a duty of care under the Occupiers’ Liability Act 1957. This means that they must take steps to ensure your reasonable safety while you’re in the public space.
- An accident at work – All employees are owed a duty of care by their employers, as stated under the Health and Safety at Work etc. Act 1974. This means that they have to take reasonable steps to keep their staff safe from harm while in the workplace and performing their work-related duties.
- A road traffic accident – Road users owe each other a duty of care to use the roads in a manner that prevents causing harm to themselves and others. They should adhere to the Road Traffic Act 1988 and the rules and regulations found in the Highway Code.
For more advice on your eligibility to claim compensation for loss of earnings, you can contact our advisors. They can also calculate how much your claim could be worth.
As we have mentioned, successful loss of earnings claims require evidence. It should demonstrate how the accident happened, who was to blame and how you suffered. To achieve this, there are several things that could be done at the accident scene. They include:
- Taking photographs. Ideally, you should try and take pictures before anything is removed from the accident scene. Try to capture the root cause of the accident, for example, a hazard that caused you to trip.
- Get details of witnesses. If anybody else saw the accident happen, take down their contact details. They may be contacted at a later date if the defendant denies liability for the accident.
- Report the accident. When your accident occurs in a public place or at work, you should report it. This could be vital evidence that confirms the date, time, location and details of the incident.
- Seek medical attention. You should always have your injuries checked by a medical professional. You could do this by visiting A&E or scheduling an appointment with your GP. These might be a helpful way of proving what injuries were treated at the time.
- Note the defendant’s details. If it is clear who else was involved in your accident, exchange details with them. For car accidents, make a note of their vehicle registration number. However, you can still claim if you’ve been involved in a hit and run accident. The claim would be made through the Motor Insurers’ Bureau.
Once you have as much evidence as possible, why not give us a call? We’ll check to see if you have everything you need to proceed. If you don’t, we’ll give free advice on what other evidence might be required.
You might be wondering how loss of earnings is calculated for personal injury claim.
First, those valuing your claim will focus on general damages. This head of claim relates to the pain, suffering, and loss of amenity inflicted by your injuries.
The 16th edition of the Judicial College Guidelines (JCG) features a number of injuries alongside compensation brackets. This document is often used to help value general damages. You can find some examples of these guideline figures in the table below, but please note that these are not guaranteed and that the top entry is not taken from the JCG.
|Multiple severe injuries plus financial losses
|Settlements may be given for multiple injuries alongside financial losses caused by your injuries, such as a loss of earnings.
|Up to £500,000+
|Pelvis and Hip Injury
|Extensive pelvis fractures that cause the lower back joint to become dislocated and the bladder ruptured.
|£78,400 to £130,930
|The injury will result in the person suffering with permanent mobility problems. They will need mobility aids or crutches for the rest of their life.
|£54,830 to £87,890
|Elbow injuries that are seriously disabling.
|£39,170 to £54,830
|Injuries that need pins, screws and metal plates to fix the ankle bones and cause a residual disability.
|£31,310 to £50,060
|The person has suffered with significant disabilities. However, a degree of recovery is expected to or has taken place.
|£19,200 to £39,170
|A dislocated knee or torn meniscus/cartilage that results in minor instability, weakness and wasting.
|£14,840 to £26,190
|Soft tissue injuries that will cause discomfort, and pain and serious loss of movement.
|£13,740 to £24,990
|Penetrating wounds, lacerations, crush or soft tissue injuries. Whether surgery was successful or not will affect how much is awarded.
|£5,720 to £13,280
|Frozen shoulder injuries that cause discomfort and limited movement for around 2-years.
|£7,890 to £12,770
|Soft tissue injuries and sprains that take 2 to 5 years to recover.
|£7,890 to £12,510
Another head of claim that solicitors consider is special damages. These cover any financial harm or losses caused as a result of your injuries.
Loss of earnings would fall under special damages. Solicitors will ask for evidence such as payslips and bank statements to prove that your earnings have been negatively affected or that there will be future loss of earnings.
This head of claim can also cover the cost of:
- Home adjustments
Don’t hesitate to contact us if you have any questions about how to claim for loss of earnings in the UK.
Our panel of injury solicitors offer a No Win No Fee service for any claim they take on. This can be a good option for people who want legal representation but are worried about the costs that are usually associated with it.
At the start of the claim, the viability of your case will be reviewed. If the solicitor believes you have a reasonable chance of winning, they’ll give you a contract. This is called a Conditional Fee Agreement (CFA).
The CFA will set out the terms that your solicitor needs to meet in order to receive payment. It will state that you won’t be asked to pay your solicitor for their services upfront. You also won’t be asked to pay anything in the event that your claim is unsuccessful.
When there is a positive outcome to your case, your solicitor will deduct a percentage of your compensation to cover their costs. This is listed in the CFA as the success fee. The percentage you’ll pay is fixed from the day you sign. Furthermore, it is legally capped to try and stop overcharging.
To learn if your case might qualify for a No Win No Fee service, please contact us today. You can reach our advisers now by:
Here are some additional resources that might prove useful when claiming compensation for loss of earnings.
- The Health And Safety At Work Act 1974 – Legislation that could be used to support workplace accident claims.
- The Occupiers Liability Act 1984 – This law outlines the expectations of that those in control of public places to ensure the safety of members of the public.
- Statutory Sick Pay (SSP) – Information on when and how much you should be paid whilst off work.
- Slip, Trip And Fall Claims – Advice on starting a claim for injuries sustained during a fall.
- Claiming For A Fractured Bone – Information on how you could be entitled to claim for damages including possible lost earnings if you’ve broken a bone in a no-fault accident.
- Medical Negligence Claims – Guidance on how to claim personal injury compensation because you’ve suffered due to clinical or medical negligence.
- Self Employed Work Accident Guide – Read our advice for claiming compensation when you are self employed and have had an accident at work.