Lost earnings claim in a vaginal mesh compensation case

A lost earnings claim in a vaginal mesh compensation case can be important. In fact, it can make up a large proportion of the whole claim itself.

Your vaginal mesh compensation case will usually be separated into two parts. The first we call ‘General Damages’, which is for the pain, suffering and loss of amenity caused. We know that vaginal mesh complications can be severe, so this element of the case can be significant. The other part we call ‘Special Damages’, and it’s this part where the lost earnings claim is a part of.

In a vaginal mesh compensation, case where the suffering can be permanent and lifelong, a lost earnings claim can be significant.

Can you make a lost earnings claim?

You can make a lost earnings claim as part of a vaginal mesh compensation case. If the lost earnings are caused as a result of the vaginal mesh problems, it can be factored in.

Really, that’s all we need to demonstrate when we factor in a claim for lost earnings. We have to establish a link between the injury and the loss. In this case, it’s the establishment of a link between vaginal mesh complications and lost earnings.

How do we calculate a lost earnings claim?

The lost earnings claim is calculated based on how much earnings you have lost and will lose in the future.

The easiest way to explain this is to give you an example:

Let’s say your vaginal mesh complications led to pain for three months and successful revision surgery. Let’s say the revision surgery left you off work for a further two months. In this case, we have a lost earnings claim for a period of five months. Whatever the amount of earnings you lost during that period can be recoverable.

If you received nothing, you should be able to recover the amount you should have been paid. If you were paid a sickness amount of, say, half your normal wages, your lost earnings claim would amount to the remaining half.

Ultimately, the idea is to put you back in the financial position you would have been had the event never have happened in the first place.

What if you will never return to work again?

We know that the severity of some vaginal mesh complications can lead to sufferers never recovering.

In some cases, women may never be able to work ever again.

You can still factor in a lost earnings claim here. In short, you should be able to recover whatever earnings you would have received for the rest of your life. We also factor in things such as incremental pay rises and the rate of inflation as well.

It’s never an exact science, as you can imagine, but the idea is you should never be left out-of-pocket. This is why it’s important to instruct specialist lawyers to represent you for your vaginal mesh compensation case. It can be a complicated task to ensure all of your losses are recovered, and you need to maximise your claim as a victim of vaginal mesh problems.