Can I claim for lost promotions?

I had an accident a year ago. My main injury was a badly broken wrist. I worked in the armed services and because of the injury I have not been declared medically fit to return. I’m still having treatment and it is likely I’ll need further surgery on my wrist in the future. If I was still working I would have likely had a promotion but I am now worried I will not. Can I claim for this as my solicitor is unsure?

Dominic, Tiverton

Answer

As long as financial loss flows as a direct result from the accident, and can be proved, it can be claimed as the idea is to put you into the position you would be in had the accident not happened.

Future loss of earnings claims are always quite speculative because we simply do not know what path anyone would definitely have taken had the accident not happened. What you will need, therefore, is factual evidence, such as witness statements from you and from colleagues and a senior officer, to explain what path you would likely have taken and what path your colleagues are currently on in order to create a comparator.

You should then be able to try to predict where you would have been had you not had the accident and how much your earnings would be but for the accident. There may also be pension loss implications. You could also get expert employment evidence from a company specialising in the military.