Compensation for lost earnings
An accident compensation claim is not just about securing money for physical and mental pain, it is also about securing sums for lost earnings incurred because of the injured party's inability to work.
In the case of serious and catastrophic injuries, recovery may take many months or even years and sometimes may result in permanent disability or impairment that causes significant lifetime loss of earning potential. This loss of future earning potential will need to be assessed and addressed in a compensation claim.
When a fatal accident occurs, bereaved family members and dependents will need to ensure that any settlement reached adequately compensates them for the loss of income they will have experienced as a result of the death of their loved one.
Thompsons Solicitors in Scotland specialise in high value and serious accident claims. If you would like to discuss your circumstances and learn more about your rights and how we may be able to help you, Talk to Thompsons today.
Claiming compensation for lost earnings?
Injured parties and their families are likely to have pressing financial needs that go unmet in the aftermath of a serious accident. Securing compensation for lost earnings can help to mitigate this devastating impact. From help with bills and mortgages to the loss of business caused by an inability to work, there is so much to consider.
Thompsons Solicitors in Scotland can help you secure compensation if your personal injury has forced you to take time off work in order to recover, rehabilitate or to receive medical treatment. Furthermore, if the injury is serious and has adversely impacted your ability to return to your pre-accident level of work or income, this should also be recognised as part of your compensation settlement.
The sooner you take action, the less likely you are to accumulate debt in the long term – speak with our serious accident solicitors today for more information about how we may be able to help you.
Compensation for lost future earnings
Claiming compensation can help you secure compensation for lost earnings and lost overtime; it can also help ensure provision for lost future earnings. This is true whether you are employed or self-employed.
However, such claims for loss of future capacity can be complex and difficult to calculate, so it is essential that you take legal advice from an experienced firm of personal injury solicitors before proceeding or indeed before accepting any insurance company offer of settlement.
Demonstrating loss of earnings
If you are employed, it is possible to demonstrate loss of earnings by presenting payslips from the period covering three to six months before your accident – if you are claiming for loss of overtime, you will also need to prove how often you worked overtime and how much you earned.
If you are a self-employed individual – for example, a contractor or freelance worker – you will need to present evidence of your earnings in the form accounts, invoices, contracts and employment diaries.
Claiming for loss of pension income
If a person is unable to work because of serious injury or death, that individual will inevitably be unable to accrue further pension benefits. As such, claiming for loss of pension income is essential for any serious or fatal accident claimant. Such loss of income claims fall under the category of "special damages" and should be presented as part of a "schedule of loss" that is sent to the defender's insurance company or solicitor together with a body of supporting evidence.
Estates and dependants of the deceased are entitled to make bereavement claims under the Fatal Accident Act 1976.
When claiming for loss of income as part of a bereavement claim it is necessary to prove loss of income and loss of pension in much the same way it is when claiming for injuries suffered by a surviving individual. However, the amount secured will typically include a deduction to account for the amount the deceased would have spent on themself.
Talk to Thompsons' serious and fatal accident solicitors
Thompsons Solicitors in Scotland are committed to ensuring that claimants have access to the best possible legal advice so that they can quickly mitigate against financial losses caused by accident injury.
Where possible we always seek to ensure interim payments to help injured parties and their families take care of their most pressing needs – for example, medical care, food expenses, bills and the cost of specialist equipment.
For more information about how we may be able to help you, contact us today on 0800 0891 331 or fill in our online claim form so that we can call you back.