For further guidance, see Practice Notes: Multipliers and multiplicands—personal injury claims and The Ogden tables. Tables providing life expectancy are prepared and released by the Office for National Statistics. These tables are now referred to as Life Tables and are published once a year.
The figures contained in the tables are derived from population estimates and information on births and deaths over a three-year period. In the most simple cases where a practitioner has to produce a schedule of loss which includes future losses there will be no need to refer to the Life Tables because the Ogden tables of multipliers use the figures provided by the Life Tables. For further guidance, see Practice Notes: Calculating life expectancy—personal injury and clinical negligence claims and Life expectation tables.
This figure will act as the multiplicand and the starting point for the calculation for what the claimant would have earned for the period of loss. Evidence may need to be adduced from the claimant, fellow employees, the claimant's employer and often an employment consultant on the likelihood of any future promotions and pay increases, alternative employment, overtime and the general state of the job market. In self-employed cases tax returns are essential and an accountant's report and profit and loss accounts for the preceding years may need to be adduced.
Once all the evidence is to hand a standard multiplier and multiplicand approach is used subject to any further discounts for imponderables.
In many cases, this calculation will be based on the claimant's residual earning capacity, eg the difference between what the claimant would have earned but for the accident as against their future earning capacity as a result of the injury. For further guidance, see Practice Notes: Future loss of earnings—personal injury claims and Gross to net income earnings tables. Where an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury, they are entitled to claim a head of damage commonly referred to as a Smith v Manchester award, named after the case that popularised the claim.
A Smith v Manchester award is sometimes described as an award for loss of earning capacity. After sustaining an injury a claimant may return to their former work at the same pay or similar work with the same or better salary. In these circumstances there may be no obvious loss but the claimant may in fact be worse off in the future.
For example, a visible eye or hand injuries may lead to discrimination. A Smith v Manchester award is usually made as a separate lump sum award. However, practitioners should also refer to the method in the Ogden tables. For further guidance, see Practice Note: Smith v Manchester awards. A claimant is entitled to a loss of pension claim if they are forced to retire earlier than usual due to their injuries. Damages under this head of loss have become less common since the introduction of stakeholder pensions which provide individuals with an annual tax allowance.
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Mar 19, Find More All Rights Reserved. Make a Payment Check us out on BrokerCheck. Firm News Resources. Hire a Financial Expert Courts are likely to reject lost earnings estimates that are purely speculative. Adjust Past Earnings as Needed Past earnings trends can be a good predictor of future earnings, but they may need to be adjusted. Evaluate Benefits Placing a monetary value on benefits is another challenge. Determine the Loss Period The appropriate loss period can have a significant impact on the overall damages award.
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A list of directors is available for inspection at our registered office. If you have suffered an injury through clinical negligence resulting in the inability to work and having to give up your current position of employment, there is a possibility that you can claim for future loss of earnings.
If the inability to work is permanent the loss of earnings could potentially be calculated up to the relevant age of retirement. In a simple and straightforward loss of earnings calculation your career would have already been established, and the injuries sustained due to the negligence would prevent you from working again. Where the loss of earnings has been for a continued period between the trial date and the initial negligence, consideration will also be given to any potential pay increases within that time.
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