Successfully defending a claim for loss of earnings

Rachel was instructed by the defendant company to deal with the issue of damages arising from a road traffic accident. As well as claiming damages for the personal injury suffered, the claimant sought to recover over £650 for lost earnings.

The claimant provided evidence from her employer, which she argued showed that she had lost the sum claimed. Rachel successfully argued that the claim for loss of earnings should be rejected because there was insufficient evidence that the Claimant had personally lost income. The Judge accepted Rachel’s argument that the employer might be seeking to recoup from the company the sick pay that it was contractually obliged to pay to the Claimant and that this was not a valid basis for a claim for damages.

Thanks to Rachel’s submissions, the defendant company’s liability was considerably reduced.