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The claim and basis for it

This type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the defendant’s negligence. Medical evidence will determine the loss of life expectancy. The phrase ‘lost years’ refers to the period after death in which the claimant would have received earnings, pension or other financial benefit.

Where a living claimant’s expectation of life has been reduced due to the defendant’s negligence, the claimant is entitled to recover damages for their financial losses eg loss of earnings throughout both the period that they are likely to remain alive and also for the ‘lost years’ during which they would have lived but for their injuries. The damages are assessed after deducting the claimant’s own living expenses which they would have spent during the lost years.

The sum to be deducted as living expenses is the proportion of the claimant’s net earnings that they would have spent exclusively on themselves to maintain their standard of living. The court will assess the claimant’s