A personal injury or professional medical negligence can result in a loss of earnings (and sometimes loss of pension) for the individual affected. A loss of earnings may result in a loss of profit for a self-employed individual or reduction in profitability, and hence dividends, for a business owner.

We endeavour to understand the nature of the business operated by the claimant to enable us to consider the earnings that would have been generated by the claimant but for the injury.

A loss of pension typically arises as a consequence of lost earnings and we have experience of quantifying lost pension in respect of defined benefit, money purchase and state pension schemes. The introduction of auto-enrolment pension legislation means that many employed claimants who may not previously have been enrolled in an employer’s pension scheme would now be entitled to benefit from a minimum level of pension contributions.

We can assist either as an adviser, quantifying losses for incorporation into a schedule by our instructing solicitors, or as an expert to quantify losses for the court. We work for both claimants and defendants, enabling us to provide balanced and well considered advice.

We can also assist in claims where a business has failed as a result of a personal injury or medical negligence. In these circumstances it may be appropriate to quantify the loss by reference to the value of the claimant’s business at the time of the incident.

Our work also includes the quantification of losses associated with fatal accidents and dependency claims.

Case examples:

Losses of self-employed electrician following RTA

Acting as the expert to quantify the loss of earnings suffered by a self-employed electrician following a road traffic accident. The calculations were complicated by a previous road traffic accident which impacted on the claimant’s ability to earn in the two years immediately prior to the second road traffic accident. Our report helped the case to settle at mediation.

Loss of dependency

Acting as the expert to calculate the loss of dependency and pension suffered by the husband of an author who died following the failure of an ambulance team to respond to a 999 call within required standards. The calculations were complicated by the inconsistent nature of the wife’s income as this was earned through royalties from existing books and new publications. Our work was used in negotiations and the matter settled at mediation.

Losses following medical negligence

Acting as the expert to quantify the loss of earnings suffered by a self-employed chimney sweep as a result of medical professional negligence. Following a hip replacement, the claimant was required to have additional surgeries during which period he was limited in the amount of work he was able to undertake and ultimately, following the final surgery, was no longer able to work.

Losses following clinical negligence

Quantifying the loss of profits suffered by an individual operating a personal shopping business as a result of clinical negligence. The business was a relatively new start up and we were required to consider the growth that may have been achieved but for the alleged negligence. Our calculations were used in a schedule of loss which was put to the defendant following which the claim settled.

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