Legal Analysis: The Need for an Employment Expert Report in a High-Value Military Personal Injury Claim

In high-value personal injury claims involving military personnel, the quantification of loss of earnings, loss of career prospects, and loss of pension and benefits is often complex.

The unique structure of military pay, allowances, career progression, and retirement benefits means that standard civilian loss calculations are insufficient. The court requires robust, evidence-based projections to assess damages accurately.

Relevant Legal Principles

• Burden of Proof: The claimant must prove, on the balance of probabilities, the extent of their financial losses resulting from the injury
• Assessment of Damages: Damages for loss of earnings and loss of pension are assessed by reference to what the claimant would have earned but for the injury, less what they are now likely to earn
• Expert Evidence: Under Part 35 of the Civil Procedure Rules, expert evidence is permitted where it is reasonably required to resolve the proceedings, particularly where the subject matter is outside the ordinary knowledge of the court.

Application to Military Personal Injury Claims

1. Complexity of Military Remuneration and Benefits 

Military pay comprises multiple elements: base pay, allowances (housing, subsistence), non-taxable benefits, and a unique pension structure. Additionally, career progression in the armed forces is governed by promotion systems, service requirements, and potential for early retirement or medical discharge. These factors are not readily understood by laypersons or the court.

2. Loss of Career and Pension 

A military injury may result in:

• Premature discharge, truncating a career that might otherwise have continued to a higher rank and pension band.
• Loss of non-monetary benefits (e.g., subsidised housing, healthcare).
• Loss of eligibility for enhanced or full pension rights, which are often substantial in the armed forces.

An employment expert with experience in military careers can: 

• Analyse the claimant’s service record, likely career trajectory, and promotion prospects.
• Quantify the value of lost earnings, allowances, and pension entitlements.
• Assess residual earning capacity in civilian employment, taking into account the claimant’s skills, qualifications, and the impact of injury.

3. Labour Market and Civilian Transition

Where the claimant is discharged from the military, an employment expert can provide: 

• Labour market analysis for comparable civilian roles.
• Assessment of retraining needs, time to re-employment, and likely earnings in the open market.
• Evaluation of the impact of injury on employability and long-term earning potential.

4. Evidential Weight

Courts place significant weight on expert evidence that is: 

• Independent and objective.
• Based on a thorough analysis of the claimant’s circumstances and the relevant labour market.
• Presented in a clear, reasoned, and CPR-compliant report.

Without such evidence, the court may be left to speculate or may accept the defendant’s (often lower) assessment of loss.

Caveats and Limitations

•  The expert must be properly instructed and provided with all relevant documentation (service records, medical reports, etc.).
• The report must comply with CPR Part 35 and be impartial.
• The expert’s conclusions are subject to challenge in cross-examination and may be countered by the defendant’s expert.

Conclusion

In summary, instructing an employment expert in a high-value military personal injury claim is essential to: 

• Accurately quantify complex losses unique to military service.
• Provide the court with robust, credible evidence on which to base an award.
• Maximise the claimant’s prospects of recovering full compensation for loss of earnings, career, and pension.

Failure to obtain such a report risks under-compensation and may undermine the credibility of the claim. 

© Grant Evatt- Alma Law

14.08.25

Grant Evatt, a veteran of 29 Commando Regiment, is a leading authority in military personal injury claims.