Contrasting the ‘what is’ against the ‘what would have been’

Personal injury (PI) claims can arise as a result of road traffic accidents or workplace incidents, or as a result of clinical or medical negligence. In extreme circumstances a wrongful death claim may result, leading to the need for dependency calculations on behalf of a remaining spouse and/or dependents.

The HW Forensic team can assist in such cases either by calculating the loss of profits in the case of self-employed individuals, or alternatively the loss of earnings, pension rights and other benefits for those individuals in employment (by contrasting the claimant’s career path had the incident not occurred and with the incident.)

The HW Forensic team has undertaken a wide variety of PI cases over the years, more recently, cases involving fisherman, specialist construction trades, individuals in the care industry, market researchers, teaching professionals, agricultural workers and entrepreneurs.

Dependency

We also have considerable knowledge in calculating the quantum in complex dependency claims (under the Fatal Accidents Act), applying principles set out in Harris v Empress Motors andCoward v Comex Houlder Diving Limited.

Summary of our services:

  • Earning loss for both employed and self-employed individuals
  • Pension and share option losses
  • Dependency calculations
  • CICA claims
  • Quantification of lost benefits
  • Assessment of mitigating income
  • Illustration of quantum under variation of periodical payment orders (“PPOs”)

Our typical information requirements for a personal injury, clinical negligence or dependency engagement are as follows:

  • Where the claimant is self-employed; business accounts to cover a period pre and post injury, and details of their skills and business background;
  • Where relevant, an overview of arrangements put into place to accommodate any period of absence from self-employment
  • Tax returns
  • Where the claimant is employed; copies of payslips and projected career path
  • Pension scheme documentation
  • Witness evidence
  • Other expert reports – particularly medical reports

If you would like to discuss how we can help or for more information please contact your local office.