Bulletins

A guide to collecting evidence of loss of earnings

February 05, 2019

In the following articles we aim to give you a two part guide as to what you can do to help evidence your financial losses.

Loss of earnings:

If you have been unable to work as a result of an injury sustained from clinical negligence, you will need to produce evidence of earnings.

If you are employed we will need your PAYE records; these can be obtained from HMRC if you do not have them.  However, if you are contemplating a claim you should keep hold of payslips, try to dig out your employment contract, any P60s or P45s you have will be useful and we will normally aim to look back at least 3 years of your employment record to establish a pattern of earnings and to work out your losses. If you have been employed with the same employer for this period this should be relatively easy to do.

Any claim for loss of earnings will be based on your NET pay.

A loss of earnings claim may also result in a loss of pension claim. You will need to provide evidence of your pension contributions, pension plan and statements to assist in calculating and proving the loss.

If you are self-employed or run your own business we will need at least 3 years tax returns and accounts.  Depending on the nature of your work, you will also need to try and prove what you would have earned but for the injury.  For instance, if you are mid-contract you will need to provide evidence of that contract, evidence of at what point you had to abandon that contract, what the terms were of payment if you did not complete the job and how much money you have been paid or will be paid for the work done. 

Other useful evidence would be correspondence setting out agreements of future contracts or requesting your services that you have had to turn down because of injury, witness statements of people who would have employed your services had you been available but instead contracted the work out to someone else.

We may also need to look at your business expenses and whether or not they have been reduced as you are not working as there may need to be an offset of expenses to work out your net income. 

It can be difficult to prove your losses if you have been self-employed for less than 3 years or if at the time of injury you were only just starting up a new business and your profit margins are low but you think would have improved as the business established itself.  The more evidence you can provide the better.

At Metcalfes, our team of experienced medical negligence solicitors are here to sensitively help guide you through any potential claims you may have. We deal with all areas of medical negligence. If you think that you or a loved one has suffered as a result of medical negligence, we may be able to help.

Please contact us on 0117 239 8012.  Alternatively, you can email us by using our online contact form and we will be happy to discuss your potential claim with you.


Website content note: This is not legal advice; it is intended to provide information of general interest about current legal issues.

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A guide to collecting evidence of loss of earnings

Gillian Clark

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