Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Future losses definition

What does Future losses mean? In practice, future losses are the heads of damages covering financial consequences that will arise after the date of settlement or trial, commonly including future loss of earnings and pension, accommodation and housing adaptations, future medical treatment and therapies, paid and gratuitous care and assistance, case management, transport, and mobility aids/equipment (including prosthetics). The term is descriptive rather than defined in statute, but its assessment is well established across personal injury, clinical negligence and fatal accident claims. It usually follows the multiplier/multiplicand method, with discounting to present value by an applicable discount rate. In England & Wales, Scotland...

Assessing future losses in personal injury and clinical negligence: lump sums, discount rate and Ogden multipliers; heads include earnings, care, accommodation, holidays, DIY and fringe benefits in England and Wales.

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Practice notes

NOTE: On 2 December 2024, the Lord Chancellor confirmed a move to a positive 0.5% discount rate. This revised 0.5% rate takes effect from 11 January 2025. Under Schedule A1 to the damages Act 1996 (DA 1996), subsequent reviews must be undertaken within five years of the conclusion of the previous review, meaning the next review must commence no later than 2 December 2029.

Objective in assessment of future losses

The court’s aim when valuing future losses and expenses mirrors its approach to historic losses: so far as money allows, to restore the claimant to the financial position they would have occupied had the accident not happened. As a result, practitioners generally observe that multiple heads of loss are common to both periods, with a typical carry‑over of lost earnings and the continuation of a care regime into the years ahead. In the most serious claims, where disability endures or functional restriction remains, the future loss component frequently constitutes the largest share of the overall award. Yet, in contrast to the bulk of past losses, items projected into the future seldom lend themselves to conclusive proof, requiring assessment rather than certainty, and careful evaluation of contingencies, risks and likely needs over time...

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Web page updated on 21/05/2026

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