What Proof / Evidence Do You Need To Claim For Loss Of Earnings?
By Cat Soong. Last updated 7th June 2022. If you’re wondering ‘can I claim for loss of earnings in a personal injury claim?‘, then this guide aims to help you. Aside from dealing with your injuries themselves, one of the most difficult parts of suffering a personal injury is the loss of income which can often be associated with taking time off work. Or you may be having to take reduced or different duties in the workplace.
This is where being able to claim for loss of earnings as part of a personal injury claim can have a big impact on your financial well being. After any form of personal injury, your claim could include compensation for loss of benefits, income, or other financial impacts.
In order to claim for loss of earnings as part of a personal injury claim, you will need to provide evidence for loss of earnings, as well as evidence that this was a direct result of the injury you suffered as a result of an accident which was not your fault. When you work with an expert personal injury solicitor they will need certain evidence from you to put together your claim.
To find out more information about what evidence you need to claim for loss of earnings, read the rest of our guide below. You can also find out more by calling our team today on 0800 073 8804.
You can also contact us through our website.
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- A Guide To Loss Of Earnings Claims
- What Can A Loss Of Earnings Claim Include?
- Top Tips for Proving a Los of Earnings Claim
- Can I Claim For Past Lost Earnings?
- Claiming For Future Lost Earnings
- Loss Of earnings Claims When You Are Not An Employee
- Problems When Claiming For Loss Of Earnings
- How Much Could I Claim For Loss Of Earnings
- No Win No Fee Loss Of Earning Claims
- Contact Legal Expert
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In this guide to how to claim for loss of earnings, we advise on getting compensation for your loss of earnings.
In some cases, settlements for personal injury claims can be made up of a single amount for the actual injury suffered. However, larger settlements may be offered if you’ve suffered multiple injuries which you can claim for. You may also be eligible to claim for other losses. These may include damage to personal property or lost earnings directly caused by your injuries.
As such, it is important to be able to clearly show the value of your losses and be able to do so in a way that the courts can see as sufficient evidence. Claiming for loss of income can be important as this could be the single largest part of your claim. The burden of proof always rests with the victim.
For you to be able to make a loss of earnings claim, you need to be able to provide sufficient evidence of how much your losses amount to, and evidence that your accident or injury caused this loss. This could be because you were not able to work.
If you earn a set amount per hour, week, or month, it is easier to provide evidence for a loss of earnings claim and to calculate how much your lost income amounts to. To help calculate this, your personal injury lawyer will request wage slips. If you work an irregular shift pattern, or if your income varies on a weekly or monthly basis, it can be harder to calculate loss of earnings you have suffered.
In these cases, your solicitor will combine your wage slips with copies of bank statements going back over a period of time to calculate how much you earn on average and work out what you could or would have earned overtime period.
If you work overtime on a regular basis, your personal injury lawyer will also be able to take this into account and estimate how much your overtime could have been worth over the time you either had to take off, or whilst on reduced working time/ duties. These two pieces of information will be used by your legal representatives to provide sufficient evidence.
When claiming compensation, a loss of earnings can be included as part of your settlement. However, you must be able to prove that the loss was due to your injuries. Additionally, you must be able to prove how much you would or could have earned during the time you were unable to work. A successful claim for a loss of earnings can depend on how much evidence you have.
For instance, you could provide any relevant payslips. This way it can be established how much in wages you have been unable to earn due to your injuries. To illustrate, the claimant may normally earn £1,200 per month. If they were unable to work for 6 months because of their injuries, then they could be awarded 6 times this amount. This would come to a total of £7,200. Please note this is purely an example and the loss of earnings you could claim will depend on your specific circumstances.
Additionally, you could also claim for other sources of income such as pension contributions from your employer. Official documentation would need to be presented during your claim in order to be eligible to receive these contributions as part of your compensation for a loss of earnings.
Is your query along the lines of ‘I was in a self employed accident at work, can I claim?’ Your first step will be to collect evidence of your income from your accountant. They can provide similar information and evidence to what your wage slips would provide. This can then be used to calculate how much you would have earned over the period you were not able to work.
If you are self-employed you can also supply evidence such as invoices and copies of orders from clients. To calculate your lost benefits or earnings accurately, your accountant will need to supply around three years of accounts.
Using the value of your average income over the past three months we can calculate how much income you have lost already, before making your claim or reaching the courts. This can be an easier part of your claim for loss of earnings. It can be easier for you, your solicitors, and the courts to see how much income you have already lost due to your injury or accident.
Loss of earnings claims which are part of much more complex injury claims can potentially take a long time to pursue. It could be more than eighteen months before the case is concluded. In the intervening time, the claimant’s case could potentially highlight how they’ve missed out on future earnings.
This depends on the circumstances and what can be established through the claimant’s case. For instance, it may be argued that without suffering the injuries they did, the claimant could have been in line for a promotion. Or they may have been due to an upcoming pay rise before being disrupted by injuries.
Witness statements from your employer as well as the career progression of colleagues can be used to calculate what you could have lost.
If you know that your injuries will prevent you from working after your claim is concluded, you can also claim for loss of future income. Your doctors will be able to provide evidence of when you can return to work, and from this, your solicitor and the courts will be able to determine how much you should claim for loss of earnings in the future.
As we have seen already, if you are making a claim for loss of earnings when you are not an employee, it can be more complicated to work out the value of your claim. It also needs further evidence.
How do you work out lost earnings in the case of non-employees, such as those running a business? In such cases, claims may be made for lost profit, rather than overall income. As well as evidence such as bank statements and accounts, you can also supply further information such as your tax return.
If the person making a claim is a partner in a business, your solicitor can use a loss of earnings calculator taking into account what their share of the business and partnership was. The business or accountant should be notified of the claim being made so that they can keep records of any business, work, or contracts which needed to be turned down or were lost.
The biggest difficulties in making a claim for loss of earnings will be for people who were either self employed or were not in employment at the time of the accident. If you were unemployed the claim will look at what your chances of becoming employed over the period of your injury were. This can be very difficult to prove and will be based on your employment history, as well as previous income.
If you are self employed but had not yet declared your income or filed a tax return it could also be difficult to calculate your income. You can make claims in such circumstances, but things such as taxes, national insurance, and other contributions will be deducted from this.
In the personal injury claims calculator below, we look at how much compensation you could claim for loss of earnings. As well as this, you can also claim general damages for your injuries.
|Type of Injury||Severity||Compensation Bracket||Description|
|Brain Damage||Moderate (i)||£150,110 to £219,070||There is a negative impact on senses, speech and sight and there is a moderate to severe intellectual deficit.|
|Neck||Severe (ii)||£65,740 to|
|Injuries might include serious fractures or disc damage to the cervical spine.|
|Sexual and/or Physical Abuse||Severe||£45,000 to £120,000||The injured person will have a severe psychiatric injury that is prolonged as a result of serious abuse.|
|Back||Severe (iii)||£38,780 to £69,730||Examples of injuries in this bracket might include disc fractures or lesions causing chronic conditions where disabilities remain, despite treatment.|
|Kidney||(b)||Up to £63,980||The injury causes a significant risk of a urinary tract infection in the future or other issues.|
|Pelvis and Hips||Moderate (i)||£26,590 to £39,170||Significant hip or pelvis injury that causes no major permanent disability.|
|Arm||Less Severe||£19,200 to £39,170||A substantial degree of recovery will be expected despite the significant disabilities originally caused.|
|Back||Moderate (ii)||£12,510 to £27,760||Injuries might include backache due to disturbed ligaments and muscles.|
|Psychiatric Damage Generally||Moderate||£5,860 to £19,070||There will be problems with the injured person’s ability to cope with life. However, there will be a good prognosis and marked improvement by trial.|
|Chest||(d)||£12,590 to £17,960||A relatively simple injury that causes some permanent tissue damage but no long-term side effects.|
The figures in the table above are illustrative and you could find that your award is higher than the maximum indicated here.
A loss of earnings claim is also just one example of a special damages payment. There are other things that you may be eligible to claim for. For example, certain medical costs or damage to your personal property. Get in touch today and our advisors can explain this subject in more detail.
What Can You Claim For On Top Of Loss Of Earnings?
When you are injured due to negligence, your compensation can be split into two heads: general damages and special damages. Loss of earnings compensation falls into the special damages category, which aims to provide compensation for financial losses you might have suffered as a result of your injuries. Other expenses you may be able to claim for under this heading can include:
- Medical bills and treatment costs: The cost of any treatment that the NHS does not offer for free could potentially be claimed back under special damages.
- Travel costs: Any travel you had to pay for that would not have been necessary had you not been injured could be claimed back.
- Housing adaptations: For example, if your injuries permanently altered your mobility, you may need to have a stairlift fitted to your home.
- Damage to personal property: If your personal property was damaged in the accident, you may be able to claim the cost of their repair or replacement back. For example, if your phone was smashed, or if an expensive coat or jacket was torn.
To claim loss of earnings under special damages, you must be receiving general damages in a personal injury claim. This head of your claim covers the suffering caused by your injuries.
There are no set or average amounts for general damages. This is because, like special damages, they are calculated based on your individual circumstances. However, the table in the section below can help you get an idea of what you could receive should your claim succeed, as it uses guideline figures taken from the 2022 edition of the Judicial College Guidelines to provide broad estimates.
Contact our advisors today for a free consultation or keep reading to learn more about how to claim for a loss of earnings.
We are proud to be able to offer our clients access to No Win No Fee solicitors. This means our solicitors can help claimants without having to charge you upfront for legal services. Also known as conditional fee agreements, these types of contracts were designed to help those who could be in financial difficulty make a claim without taking on any additional burden or stretching themselves too far.
You can find out more about making a no win no fee claim by visiting our guide linked in the useful links below.
To make a claim for loss of earnings you need the best legal team behind you.
If you send us a message to our team, you can request a call back from one of our specialist advisors when it suits you.
Can I Claim Loss Of Earnings In A Personal Injury Claim?’ FAQs
What damages can I claim for in a personal injury claim?
Compensation for general damages will be used to cover any pain and suffering that you endured through no fault of your own. On the other hand, special damages will be used to recover any out-of-pocket expenses that you spared as a result of your accident.
Can I claim loss of earnings from my employer?
Yes, this is one of the sums you can claim as part of a personal injury claim against your employer. A loss of earnings claim, as with the other figures that make up your compensation, is not made directly against your employer.
Every employer must legally have an insurance policy in place to cover employer compensation if required. So, your settlement would be awarded by the insurance company and not the employer directly.
How do you prove loss of earnings?
You’ll need to retain any evidence of your loss of earnings, such as bank statements and written confirmation from your employer about what your income is.
Can I claim for future loss of earnings?
Yes, special damages not only aims to cover current losses but future losses, too. This includes any predicted loss of income that could result from your accident.
What is the average personal injury claim worth?
There is no such thing as an average personal injury claim, as every case is different. Therefore, there is no such thing as an average payout either.
How much could I claim?
As every claim is different, they are valued case-by-case. This way, no two payouts are the same, as people’s circumstances are unique. Please get in touch for a free consultation today to see how much you could claim.
Do I need a solicitor?
There is no legal requirement for a solicitor to handle your case in order for you to claim. However, having one do so could see that you get the maximum compensation you deserve.
How can I contact Legal Expert?
Please refer to our contact section for options on how to get in touch or use the live chat on your screen now for an instant response.
How is a loss of earnings claims calculated?
If you qualify for a loss of earnings claim, then a bespoke calculation will be made to work out how much you could have earned had you not missed time at work due to your injuries. This can include things like bonuses and pension payments, too.
Can I claim for future loss of earnings?
As mentioned earlier, if your injuries are very severe, it may lead to you being unable to ever return to work again. In this instance, a calculation could be made to work out how much you could or would have earned from the date of your injury to the date of when you would have been expected to retire.
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Find out what the personal injury claims time limit is before you make a claim with our guide.
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The Legal Expert guide to how to make a no win no fee compensation claim.
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If you’re wondering ‘can I claim loss of earnings in a personal injury claim’, we hope this guide has given you an insight into your rights. If you have any more questions, please get in touch today.