The Covid-19 pandemic has caused difficulty and hardship for many families, individuals and businesses.
In these times, we are regularly being asked to consider the impacts of Covid-19 on Claimants in all types of cases. However, in relation to Covid-19, there are so many different factors to consider, so we need to adapt our approach depending on the Claimant’s circumstances.
Things to Consider?
Should the impact be considered during the period of past loss only, or should we try and estimate an ongoing impact?
As we saw with the financial crisis of 2008, these situations do not last indefinitely, and whilst there will always be exceptions, in our opinion, unless there is evidence to support an ongoing / long term impact, then any “Covid adjustment” should be limited to the period of past loss only, with the future loss being pleaded based on “normal” trading conditions.
Self Employed Claimants:
- Is the impact over a limited time frame or could it be ongoing/long term
- Potentially opportunities created, hence a positive impact
- Diversification/Change in nature of business trading/profitability
- Business closure
- SEISS claims based upon pre Covid years trading
- Redundancy/Lost job
- Employer closure
- Loss of an employment in the period of loss that is no longer available due to Covid-19
Without doubt Covid-19 has brought new challenges to assessing Claimants’ losses and we are already seeing the Courts looking at the impact of Covid-19 on an individual basis rather than applying generic reductions.
Our team are on hand to assist in all types of personal injury, clinical negligence and fatal cases.
There is no uniform approach and we consider all cases depending on the nature of the Claimant’s circumstances. The key to approaching any case where Covid-19 has had an impact, is to ensure that evidence is well sourced and presented, and that arguments and projections are reasonable.