Those working in creative fields with unpredictable earnings may face a greater challenge when claiming for life-altering injuries: Suzanne Trask sets out the key steps for painting an accurate picture
- Further opportunity for claimants after injury may lead to greater residual potential for earning.
- Witness and expert evidence are crucial in claims for more speculative loss of earnings.
- Findings are fact-specific, based on evidence of the claimant’s likely success and how this may have sustained through their career.
Those in creative walks of life with uncertain earnings get a tougher ride when bringing a claim for their financial losses after a life-altering injury. While one artist shines, many others struggle to make a living.
Where there is a risk that those earnings won’t materialise, it makes sense this part of the case will be fought harder by a defendant. It’s possible the claimant won’t be able to satisfy the court of this earning potential.
Claimants and their legal teams must compile a greater depth of evidence, to portray as clear a position as possible of what they were achieving, and
