Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Loss definition

What does Loss mean? In legal practice, loss means the harm, detriment or deprivation suffered—financial, physical or proprietary—and is not confined to permanent deprivation; temporary loss can suffice. The term is a broad, descriptive label used across civil, criminal, regulatory and insurance contexts. Some statutes define it for particular purposes: e.g., the Fraud Act 2006 (E&W and NI) defines gain or loss in money or other property and includes temporary loss; exposing another to a risk of loss may suffice. Comparable wording appears in Ireland. In Scotland, fraud is largely common law, but usage is similar. In civil claims (contract and tort/delict), damages compensate for loss...

Quantifying past loss of earnings in personal injury claims: calculation, evidence, tax/NI, benefits and sick pay, employees and the self-employed, mitigation and Smith v Manchester

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Practice notes

Common issues

Claims for Loss of Earnings arise regularly in Personal injury cases and are frequently the biggest head of Damages. For guidance on future losses, see Practice Note: Future loss of earnings—personal injury claims. Although many valuations are straightforward, recurring complications include:

financial complexity, for instance a member of a partnership pursuing lost profits
uncertainty, such as where the claimant’s career path was unclear or income was variable
evidential difficulty, for example where earnings were undeclared

Calculating the net loss of earnings 13-week approach

For those in stable employment, pre-accident net pay is usually assessed by averaging earnings from the three months, or 13 weeks, immediately before the accident. The figures can be drawn from payslips, though the employer will generally supply the data. If the level of pay is disputed, obtain bank statements as proof of wages, particularly where payment is made by BACS. The employer should also confirm the exact dates of absence...

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Samuel David

Anthony Gold Solicitors

Sam is a Partner at Anthony Gold, specialising in personal injury and clinical negligence matters. Throughout his career he has worked closely with Partner Jenny Kennedy on a wide variety of cases. Sam’s clients come to him with a wide range of injuries, from catastrophic personal injury to road traffic accident cases as well as birth injuries through to cauda equina syndrome matters. He has wide experience of dealing with foreign national claims helping people who have been injured whilst working or holidaying in the UK, as well as British nationals injured abroad.Making a difference at the start of a personal injury claim is very important to Sam and comprehensive rehabilitation for his clients is always at the forefront of his mind.He is known for his ability to provide compassionate, pragmatic, and realistic legal advice to his clients and/or their...

Sarah Atkinson

Anthony Gold Solicitors

Sarah Atkinson is an Associate Solicitor at Anthony Gold specialising in personal injury and clinical negligence matters. Sarah joined as a paralegal and became a trainee solicitor in 2019. She has spent many years working on complex brain, spinal and amputation work. She has experience in working on cross-border claims, involving injuries outside the UK and where clients from overseas are injured in the UK....

Web page updated on 21/05/2026

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