Can they limit my pension claim?

I was involved in an accident last summer, when I was knocked off my BMW R1200, and I am claiming compensation. I spent my career in the army but had to be medically discharged as a result of the leg injuries suffered in the accident.  It now seems that I will miss out on a significant amount of my army pension as a result. The legal team for my opponent is requesting that I visit their life expectancy expert for a report. Why is this relevant?

Jake, by e-mail

Answer

To calculate your loss of pension claim it is important to know how long you are likely to live. This is normally done by using a book of tables called the Ogden tables. The tables use statistical data to provide a “multiplier” which is how many years we need to multiply the annual pension loss by. The tables factor in every day health issues that the general population will encounter and are what should normally be used.

However, it may be the case that a Claimant has a pre-existing medical condition that is unrelated to the injuries sustained in an accident and that condition could impact on life expectancy. If the claim is a valuable one then the courts tend to allow life expectancy evidence to ensure that the loss is claimed for the correct number of years. I don’t know your medical history and whether you have any relevant pre-existing conditions – you should discuss this with your solicitor.