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Legal matters

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Are there any personal injury/employment solicitors on here?

1 reply

novemberlady · 18/11/2009 11:20

I have a question about calculating loss of earnings and what needs to be deducted from this amount. My question is about a pi claim for loss of earnings due to inability to work through accident. The solicitor dealing with it has said that "any monies received during a loss of earnings period must be deducted from the loss of earnings sums claimed as this would otherwise be what is known as "double recovery" and you would in effect be compensated twice for these sums which the Court simply do not allow."

I understand the principle but I query the deduction of "any" monies, Does this mean that any bank account interest or rental income from a let property that had been let for years prior to the accident has to be deducted from the loss of earnings amount? I would have thought that only other "employment" income (of which there is none) would be set off against the loss of earnings amount. I may be wrong. I cannot see what the 2 things have in common at all as the income in question is nothing to do with the employment or lack of it.

Does anyone know the legal position on this please. Thanks

OP posts:
lilacclaire · 19/11/2009 23:38

Any money received that you would not have received normally had it not been for the accident, ie social security benefits, housing benefit etc.

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