Jurisdiction(s):
United Kingdom

Key definition

Lost years definition

What does Lost years mean? In personal injury and clinical negligence practice, “lost years” describes the future period the claimant will not live because of the defendant’s negligence, and the earnings, pension and other financial benefits the claimant would have received in that period. The term is not defined by statute; it is a case-law concept used across England and Wales, Scotland (delict), Northern Ireland and Ireland, with broadly consistent application. A lost years claim is brought by a living claimant whose life expectancy has been reduced. Damages typically cover net loss of earnings to likely retirement, loss of pension (including post‑retirement...

Lost Years Damages in England and Wales: calculation, heads of loss, child claimants (CCC), and strategy alongside Fatal Accidents Act 1976 dependency claims

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Practice notes

The claim and basis for it

This claim arises where a living claimant has had their lifespan curtailed by the defendant’s negligence. The reduction in life expectancy is established by medical evidence, which identifies and measures the anticipated loss of life expectancy. The term ‘lost years’ denotes the time beyond death during which the claimant would otherwise have earned wages, drawn a pension, or received other financial benefit. Where a living claimant’s expected lifespan has been shortened through the defendant’s fault, they may recover damages for pecuniary loss, for example loss of earnings, both for the period they are likely to remain alive and for the ‘lost years’ they would have experienced but for the injury. Those damages are calculated after subtracting the claimant’s own living costs that would have been incurred during the lost years. The deduction for living expenses reflects the share of the claimant’s net income that would have been spent exclusively on themselves to sustain their standard of living. The court will determine the appropriate level of the claimant’s living expenses on an individual, case-by-case basis. This assessment is made on a case-by-case basis...

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Web page updated on 21/05/2026

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