Your loss of earnings could indicate that you have suffered damages if you have recently been involved in an accident that was not your fault. Normally, when you think about the different types of accidents there are, the first type your mind will go to are the physical damages that could come with the injury. However, there are many more types of damages that could range from general losses to special losses. This is why when your solicitor asks you about your loss of earnings, you should not get defensive or feel concerned about it. In fact, they are simply trying to add up the amount of losses you have already experienced.
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What exactly is a “loss of earnings” claim?
One of the biggest problems that can happen after an injury, whether it be due to an accident at work or a traffic accident, are financial losses. These are commonly known as “special damages.” Not only could your life be completely changed due to a severe injury, but you could potentially be unable to support yourself as medical fees, recovery fees and equipment payment could leave your wallet feeling more than a little empty. This is why if you have potentially lost money, you need to let your solicitor know as quickly as possible. They can help you calculate your total losses and ensure that your get a fair pay-out. If this is from your employer then it will be from their employer liability insurance, however if you are involved in a traffic accident then this could be from the other party’s vehicle insurance.
How would a solicitor be able figure out my special damages from my payslip?
If you have suffered from a loss of earnings and opportunity potential, the payslips will actually act as evidence to show that you are being accurate with your statements. One of the biggest slip-ups that people can do when it comes to their injury claim is over-estimating their losses. This means that they can come out as inaccurate and potentially lower the amount of compensation if it comes to light they were miscalculated. That’s why it is best to always have a solicitor help you with the amount of compensation that you are owed.
You should provide your solicitor with payslips from over the last three months. These payslips should be from before the accident took place. That way an accurate representation of your wages can be gained. These slips will count as your evidence and will prove your losses based on their post-tax figures. They will demonstrate what you could have been entitled to if you did not have the accident in the first place.
What else could a pay-slip prove?
In the legal world, there are two types of damages that you can claim for. These are known as “general damages” for your pain and suffering and “special damages” for your financial losses. If you have suffered from life-changing injuries then this could mean that you are spending more time at a hospital than you are at work. This means that there is a chance that the amount of pay that you receive may fluctuate over time, especially if you are not able to continue with your work duties remotely.
Your pay-slip can not only account for these fluctuations, but it could also account for any sort of loss of opportunity as well. Think of it this way. You were promised a pay raise and a promotion for your hard work for your company. You received the pay raise first before you were going to be moved up to your new title. However, before this happened, you managed to get badly hurt in a work accident.
Now, you expected your company to follow standard protocol and provide you with compensation from their insurance for the accident. However, as you took time off work in order to recover, you found out that the amount of money you received for your monthly wage was lessened. There were also no more talks about getting a promotion, instead, you found out that someone else received the title and wage to go with it. This is known as a loss of opportunity.
Be honest and open with your solicitor. That way they can quickly calculate how much you could be owed in your claim.
Should I expect sick pay to help me with my loss of earnings?
Yes! At the very minimum then you should expect to get sick pick in order to help you with your recovery. If you have got hurt somewhere, it is very likely that you are going to need to take time off work in order to aid with your recovery. For instance, if you have recently been involved in a construction accident and have hurt your hands, you aren’t going to be able to handle heavy equipment. That means that it is very unlikely you are going to be going to work until you have healed up.
In order to pay for your sick-pay, you may find that your employer actually deducts it from your net earnings. If this has already been agreed in your contract then you will not be able to claim for the losses. However, if it was not then you can work out your loss of earnings through figuring out your daily rate. You can then multiply it by the amount of days that you were absent from work.
Loss of future earnings
Let’s assume that you have suffered from a life-changing accident. That means that it’s more likely that you are not going to return to work for quite a long time. This means that eventually your employer is going to have to consider your future earnings. You will also need to consider how this is going to affect your claim.
Your loss of earnings will depend on your medical records and assessment. A doctor can make a statement about what they think your recovery will be like, what medical rehabilitation services you will need and how long it will take. If your timeline states that it will take a few months or years to recover, then this can be used to work out the amount of income you’ve lost. It will also consider the ideas of promotion and wage increase depending on your own history at your latest workplace.
Important things to think about with a loss of earnings claim
Before we move on to how a solicitor can help you with this type of claim, there are some important points that you should think about before you try to find legal representation. The first thing that you should think about is that you need to figure out if and how your accident happened due to someone else’s negligence. So, if you were in a traffic accident and were injured by a hit and run from an uninsured driver, then clearly you were not at fault because the other driver did not take safe measures to ensure your safety. They even left the scene of the crime and did not help you.
Think carefully about the type of claims case that you have. You need to prove that you were not at fault for the accident. That’s why it’s essential for you to submit your evidence. You can prove that you had no choice but to stay off work.
How can a solicitor help you with your loss of earnings?
Honestly, no matter what type of accident claim you have, it is important that you have some form of legal representation. This is because they can help you through the claims proceedings. Legal claims can get extremely complicated especially if you are struggling to come to a settlement agreement with your employer. That’s why it’s useful having someone with the right experience. They can help you understand when it comes to your loss of earnings.
A good solicitor will leave no stone unturned when it comes to your earnings. They will look into every sick day, holiday, overtime and loss of opportunity that could have affected the type of pay-out you received. Remember, you need time to recover and having a legal case on your mind will not aid with that. Instead, they will work on your behalf to ensure that you get the compensation you deserve. That way you can simply relax and feel as if your case is in safe hands. They can even represent you in court if you feel nervous about any sort of hearing. Keep in mind that it could even be a remote hearing due to the current Covid-19 pandemic.
How much compensation am I owed due to my loss of earnings claim?
Now, when we get this type of question, usually the answer is “how long is a piece of string?” Each compensation claim is entirely different. In some cases, the losses combined with physical injuries may only be minor. That means only a small amount of compensation can be claimed to help with the recovery. However, for life-changing injuries and financial losses, you will be able to claim much more.
The best way to determine the amount you could be owed through a pay-out is to speak with your solicitor. They can take note of all of your evidence, your injuries and your medical records. That way your case can be displayed in the best possible light. It is important that can get you a good amount of compensation for your losses.
Contact Gowing Law for help
Here at Gowing Law Solicitors, we want to make sure that you get the help you need with your claim. We have experience in a wide range of different types of claim cases. Whether you have suffered from a simple PPI tax mistake or perhaps a more serious medical negligence accident, our specialist solicitors can provide you with free advice and consultations. If you want to move forward with your claim, we can offer you our services on a “no win-no fee” basis. That means you will always come out on top. There will also be no hidden fees!
Contact our law firm today by calling 0800 041 8350, emailing firstname.lastname@example.org or through our live chat on our contact page. One of our staff will then be in contact to help you with your questions.
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