Assessing Loss of Earnings in Personal Injury Claims Involving Children & Adolescents

Introduction

In circumstances where a young person (child/adolescent) has sustained long-term injury but has not yet finished schooling or embarked upon a settled career choice, assessing loss of earnings is a very tricky issue.

If there is a claim, how is it assessed? If there is a settlement, can you justify the settlement figure for this head of loss to the judge?

What assumptions can be made regarding loss of earnings when the young person has no income history, no settled career path and perhaps no idea what they want to do.

What You Will Learn

This live and interactive course will cover the following:

• A review of the recent (and very recent) caselaw in this area
• The methodology used by the courts in considering these types of claims
• The evidence necessary to advance or rebut such claims
• Consideration of Ogden 8 claims vs Smith v Manchester claims as the best way to assess losses in a young person loss of earnings claims
• Consideration of the tactics in bringing and defending these claims
• Exploration of the number of ways in which these claims may be approached
• Bearing in mind that these types of claims may require court approval, it’s important to ensure that the figure you settle on is one the court is willing to approve, and you are able to justify

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.