Medical Negligence, Loss of Earnings and Future Loss
We quantify past and future financial loss arising from medical and clinical negligence, including loss of earnings, pension loss, and earning capacity. Our methodology aligns with medical expert evidence on prognosis and uses Ogden Tables where appropriate.
What This Service Covers
- Past and future loss of earnings, pension loss, loss of earning capacity, and financial analysis of care-related costs where appropriate.
- Ogden Table multiplier application, discount rate justification, and Smith v Manchester awards where applicable.
- Coordination with medical expert evidence on prognosis, capacity, and life expectancy assumptions.
When You Need This
- Medical or clinical negligence claims where past or future earning loss forms part of the damages claim.
- Cases where medical experts have addressed disability but financial quantum requires specialist analysis.
- Defendant or claimant instructions requiring independent earnings reconstruction and future loss modelling.
Our Approach
- Employment and earnings history analysis from disclosed records.
- Earnings reconstruction and career trajectory assessment.
- Future loss modelling using Ogden Tables and stated medical assumptions.
- Pension loss calculation and CPR Part 35 compliant expert report.
Ogden Tables Methodology
The Ogden Tables (Government Actuary's Department actuarial tables) provide multipliers for converting annual recurring losses into a capitalised lump sum for future loss of earnings and similar heads of loss in personal injury and clinical negligence proceedings.
The appropriate table and multiplier depend on the claimant's age, gender (where tables are gender-specific), the period of loss, and the discount rate applicable at the date of assessment. Our reports disclose the table edition used, the multiplier selected, and the reasoning for the discount rate assumption.
Smith v Manchester and Earning Capacity
Where a claimant retains some earning capacity but at a reduced level, Smith v Manchester awards (or an equivalent reduction in the multiplicand) may be appropriate. The financial expert models pre- and post-negligence earning capacity using employment records, labour market evidence, and medical assumptions on disability.
Coordination with medical expert evidence is essential: the financial expert does not determine prognosis but translates agreed or assumed medical findings into quantified past and future loss figures.
Pension Loss: Blamire and Actuarial Approaches
Pension loss may be quantified using a Blamire award (a capital sum representing lost pension rights) or actuarial calculation depending on scheme type, whether benefits are defined benefit or defined contribution, and the evidence available.
We work from pension statements, scheme rules, and employment history, and state assumptions clearly for disclosure and joint expert discussion.
CPR Part 35 Compliance
Reports comply with CPR Part 35 and Practice Direction 35. Ogden Table methodology, multipliers, and discount rate assumptions are disclosed and justified. Medical assumptions are stated explicitly.
Under CPR Part 35 and Practice Direction 35, the expert's duty is to the court. Reports must state qualifications, instructions, facts, assumptions, methodology, opinion, conclusions, and contain a statement of truth. Where proceedings are in the family court, FPR Part 25 applies to expert evidence.
Frequently asked questions
- How are Ogden Tables used in medical negligence claims?
- Ogden Tables provide multipliers to capitalise future annual losses such as loss of earnings. The expert selects the appropriate table based on age and loss period, applies the multiplier to the net annual multiplicand, and discloses the discount rate and table edition in the CPR Part 35 report.
- How does the financial expert work with medical experts?
- Medical experts address causation, prognosis, and disability. The financial expert uses agreed or assumed medical findings to model past and future loss of earnings, pension loss, and related financial heads. Assumptions are stated explicitly for scrutiny.
Related Services
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