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Solicitors tax campaign

Solicitors are being given the chance by HMRC to bring their tax affairs up to date or face tougher penalties, as part of a new tax campaign...

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14 Jan 2015
 

CPD seminar 'Divorce, Separation and the Capital Gains Tax issues'

Our first CPD seminar of 2015 will take place on 3 February 2015 at our Coventry office.

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6 Jan 2015
 

2014 infographic

As we count down the days left in 2014, we thought we’d take the opportunity to reflect on what the team at Prime Forensic has achieve...

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18 Dec 2014
 


Personal injury and fatal accident

We have acted in numerous loss of earnings and pension loss claims connected with personal injury and fatal accidents.  We can advise on the schedule of loss and any counter schedule, and provide expert opinion if required.   We have the experience of acting for the claimant, defendant and as single joint expert in such matters.

Understanding of the claimants business both before and after the accident is key to quantifying the loss arising as a result of the accident.  Often the claimant will have been a key figure within the business, but that does not always mean a large loss of earnings.  The claimant's ability to work following the accident may vary considerably with the pre-accident level and needs to be understood.

The accident may cause a partial lack of capacity which could be filled by employment of an additional able bodied worker.  However this may not be appropriate in all instances.

The capacity of the claimant to earn is often an area where weaker reports fall over.  We have seen reports which suggest the claimant would have increased sales significantly but for the accident, but fail to consider the critical and limiting factor of the claimants own time.  We therefore approach a loss of earnings the same way whether it is for a claimant, defendant or as an SJE, to ensure a robust calculation of quantum.

 

Examples

We have assisted with the quantification of losses arising from an accident involving a publican whose business failed and the brewery repossessed the pub following the accident.  Our initial investigations allowed us to advise the solicitor that the loss was minimal as the trade was in decline pre-accident and the brewery would have repossessed in any event.  The appropriate loss was limited to a short period when the claimant was unable to work and no long term effects could be attributed to the accident.

 

A businessman was involved in a road traffic accident and died of his injuries.  He left a wife and two children who were financially dependent on him.  We were instructed to quantify the loss of dependency arising from his death.  His widow took over the running of the business and ran it successfully with no noticeable reduction in profitability.  Following a leading case we were able to calculate the level of dependency that the widow was entitled to even though her income from the business had not fallen following her husbands death.

 

We were instructed to quantify the loss of earnings of a businessman who supplied exhibition services.  This involved erection and dismantling of exhibition stands at various venues within the United Kingdom.  His claim was that following the accident he lost out on a major contract, and therefore suffered a significant loss.  However, our investigation highlighted certain irregularities and inconsistencies in his evidence which he was unable to explain.  We were however able to demonstrate a loss equivalent to the additional labour cost of employing someone to cover his physical duties following the accident.

 

Contact Prime today

Any of the team would be pleased to discuss cases with you, to ascertain how we can help you and to give you an indication of the scope and cost of the work required.

Contact us on 0121 711 2468 or email: expert@primeforensic.co.uk