Smith and Manchester

Often in a personal injury or clinical negligence claim it is the injured person’s future losses which is the largest element of the claim. Specifically, an injured person’s likely reduction in their future earnings is frequently the largest element of their Schedule of Loss. When an injured client is disadvantaged in seeking work in the labour market because of an injury caused by the Defendant, then, they may be entitled to claim a type of compensation referred to as a ‘Smith and Manchester’ award following the name of the case in which it was first awarded. To claim a Smith and Manchester award there must be a real risk that, at some time in the future, an injured Claimant will be out of work. When attempting to value Smith and Manchester compensation, factors such as the injured person’s age, skillset, extent of the impact on work and whether an injured person is likely to be able to work in other sectors, are all relevant to its potential value.

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