Personal Injury

Can I Claim Loss of Earnings as Part of a Personal Injury Claim?

Everyone encounters obstacles throughout their life. These can sometimes be easily predictable or completely out of the blue. Sustaining a personal injury in an accident is usually unforeseen and something that you are not prepared for. Some injuries may require you to take time off work which can have financial implications.

A personal injury claim can entitle you to compensation for medical bills, prescription charges, property damage and even loss of wages. It is worth looking into if you are unable to work for an extended period of time. Read on to learn the best way to approach your personal injury claim.

Types of Damages

Before you begin litigation, make sure you are within the time limits for making a personal injury claim. If you are, then you can begin your claim. When making a personal injury claim you should know which type of damages you fall under. Personal injury claims are made up of two divisions- general damages and special damages.

General damages can cover pain, suffering, emotional harm and loss of amenities that have been caused by your injury. Special damages cover out of pocket expenses such as medical bills, prescription invoices, travel to and from medical appointments and loss of earnings.

Claiming loss of earnings falls under special damages. Consult with compensation lawyers on how to best handle your claim.

Employed Loss of Earnings Claim

To strengthen your personal injury claim, produce evidence that can confirm there has been a genuine loss of wages. For those who are not self-employed or business owners, sufficient evidence can be provided in the form of payslips. Provide copies of payslips up to at least 6 months prior to the injury so that you have a detailed history of your regular earnings.

Courts usually calculate your average salary through your net monthly wages for the past three months. This will be multiplied by the amount of time you have been absent from work, to assess your loss of earning claim. Keep in mind that you must have supporting documents from a medical professional in order to claim your loss of earnings.

Difficult, lengthy personal injury claims which involve high-value amounts can last up to a number of years until the court comes to a decision. Over that time, the claimant may argue that they would have received a promotion and pay rise. This assertion can usually be validated with a witness statement from the plaintiff’s employer or a comparison of promotions and pay increases received by other employees.


Self-Employed Loss of Earnings Claim

To claim loss of earnings when you are self-employed is a more complicated process. Your first course of action will be to notify your accountant that you are unable to work and therefore, that your business will experience a financial loss.

Provide documents such as your working diary, bills and contracts. These show that you are incurring a loss of earnings due to your absence. Records at least 3 years prior to the accident will be adequate in assessing your net loss through your business.

Loss of Pension

A prolonged period of absence could mean you are eligible to claim a loss of pension. While you are unable to work, payments made towards your pension will stop. This means it will not be worth as much as it could have been in your retirement. This loss will need to be assessed with discounts for early receipt and other contingencies applied.

Future Loss of Earnings

For severe injuries, medical evidence is examined to assess your capability to work in the future. This means that you can claim loss of earnings which may occur in the future as a result.

These types of claims fall under special damages and should be presented in a schedule entitled “Schedule of Loss”. A copy of this schedule should be forwarded to the defendant’s insurance company or lawyer along with supporting documentation.

Claiming loss of earnings is a legitimate and justified part of personal injury claims. If you can provide documents that prove, medically, that you are required to take time off from work due to your injury, then you are entitled to recover any earning lost as a result of your accident.

It is important to choose the best personal injury lawyer to argue your case. Research and consult with a firm that provides highly experienced and committed legal professionals to secure your success.


For more information about making personal injury claims, get it touch with Schreuders today.

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