When you have a valid accident compensation claim, you will likely want to know how personal injury claim payouts are calculated. Generally, an accident compensation claim payout is the financial support that someone with an accident injury receives to rebuild their lives to where they would have been if the incident hadn’t happened.
It’s no secret that accidents can result in physical and emotional hardships accompanied by substantial losses. So, if you have suffered a physical or psychological injury, you could successfully claim compensation and get a lump sum payout depending on the injuries’ severity and circumstances.
However, many Australians don’t understand the extent of personal injury compensation entitlements they might receive for their losses. Additionally, calculating claim payouts is complex and changes depending on various factors.
Our injury compensation payout guide explains the calculations for personal injury claim payouts.
What is my claim worth?
Claiming for a Lump Sum Payment for Personal Injury
A personal injury claim seeks monetary compensation for someone suffering physical injury or mental harm due to the negligent behaviour of another person or party. When successful, they receive a lump sum payment for:
• Medical expenses
• Lost wages
• Lost quality of life
• Out-of-pocket and travel expenses
• Pain and suffering
• Permanent disability
There are several types of personal injury claims, including:
Motor Vehicle Accident Claims
The Motor Accident Insurance Commission (MAIC) allows compensation for injuries sustained in car accidents or other motor vehicle accidents. In Queensland, you can make motor accident claims for a collision with a bus, truck, motorcycle, bicycle, pedestrian or hit-and-run crash when you are not the at-fault party.
Workers Compensation Claim
In Queensland, you can claim workers compensation and receive weekly workers’ compensation payments for workplace injuries. Approved workers’ compensation benefits include lump sum compensation and a permanent impairment payout (for serious injuries). Additionally, you can make a common law claim.
The workplace injury compensation process begins with filing a workers’ compensation claim. Once approved, you will get regular workers’ compensation payments.
Permanent Impairment Payout
Injured workers nearing the end of the workers’ compensation claim process will have a permanent impairment assessment. For lump sum payments, the Whole Person Impairment (WPI) scale calculates the level of impairment resulting from an illness or injury in workers’ compensation claims.
Depending on the severity of your injury, you could get a once-off workers’ compensation settlement (most often for serious injuries).
Public Liability Claims
You may be entitled to public liability compensation if you are injured in a slip-and-fall accident or any other injury in a public space or privately owned property.
Medical Negligence Claims
You can make a medical negligence claim when a medical professional fails their duty of care, and you suffer a loss. Once approved, you will receive a lump-sum settlement. However, successful medical negligence payouts generally depend on seeking legal advice from a personal injury lawyer specialising in medical negligence claims.
List of Compensation Payouts Australia
Workplace Injury Average Statutory Compensation
WorkCover Queensland, the primary workplace injury insurer, publishes average workers’ compensation payouts for injuries sustained in work-related accidents.
| Type of Injury | Average Compensation |
| Fracture | $38,247 |
| Open Wound: Hand | $10,936 |
| Other Open Wounds | $12,477 |
| Contusions | $14,973 |
| Foreign Body | $5,534 |
| Burns | $14,377 |
| Back Strain and Sprain | $16,478 |
| Other Strains and Sprains | $17,634 |
| Shoulder Strain and Sprain | $35,456 |
| Musculoskeletal System Disease: Back | $23,614 |
| Other Musculoskeletal System Diseases | $25,261 |
| Psychological and psychiatric injuries | $55,402 |
| Other injuries and diseases (e.g. hearing loss) | $31,654 |
| Overall average | $24,560 |
Common Law Settlement Average Payout 2021-2022
When your employer’s negligence causes harm, you can also make a common law claim (sue for damages) and receive lump sum compensation. The average common law lump sum settlement for workplace injuries in 2021–2022 was $175,772.
Motor Vehicle Accident Claims Average Payout Amounts
| Severity of Car Accident Injury | Average Lump Sum Payout |
| Minor | $59,576 |
| Moderate | $144,376 |
| Serious | $327,627 |
| Severe Injury | $1,029,295 |
| Critical | $1,680,258 |
Factors that Determine the Value of Compensation Amounts for Injuries
Several factors affect how much you receive for a personal injury compensation payout:
- The severity of the injury
- The impact on the injured person’s life
- If you have a permanent disability
- The level of negligence on the part of the responsible party
- If you were partially at fault for the accident,
- Your current age and life expectancy
- If your injuries impact your capacity to earn an income
- Your previous medical history
All of the above factors contribute to calculating the lump sum payout amount. Next, in our compensation payout guide, we review the significant factors.
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Severity of Injury
The potential settlement increases with the severity of the injury. This general rule applies because catastrophic and severe injuries have a more significant impact on your life than minor injuries, hence:
- Requiring more time off work
- Extensive medical treatment and rehabilitation
- Long-term outcomes like permanent disabilities
Generally, injury severity is the most critical influence when calculating fair compensation.
Impact on the Injured Person’s Life
Another essential consideration is the impact of the physical or psychiatric injury on the victim’s life. Personal injuries can cause physical limitations, emotional trauma, psychological harm, and the inability to perform daily functions. Compensation is calculated based on the injury’s impact on the victim’s quality of life, including their work capacity and ability to engage in activities they enjoyed before the accident.
The Level of Negligence
Who was the responsible party, and their level of negligence, is a significant factor. The compensation amount would be substantial if the responsible party’s actions were extraordinarily negligent or intentional. This outcome is to deter future behaviour by others and to provide justice to the victim.
If You Were Partly to Blame
Your damages settlement will be reduced if you were partly to blame for the accident. In this case, you will have contributory negligence. Typically, insurance companies seek to increase your contribution level, meaning they owe you a reduced compensation payout amount.
However, a personal injury lawyer understands how this works and will advise you on how to reduce your negligence contribution, thereby increasing the value of your lump sum claim.
Your Current Age and Life Expectancy
Your current age and life expectancy influence the value of a lump sum compensation payout when you have suffered significant harm. Generally, damages for lost wages will also include future earnings when you have a long-term or permanent injury. This calculation considers your current age and how many working years you have left, so the younger you are, the higher the payout value.
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How are Compensation Payouts Calculated?
In personal injury claims, a compensation payout reimburses the victim because of an accident or incident. According to Queensland legislation, the value of a personal injury settlement is typically determined using “heads of damages,” which assess the evidence against each claimable element. These fall into two types of compensation: economic and non-economic (or general) damages. Let’s explore these in detail.
Types of Damages in Compensation Claims
Economic damages are tangible losses quantified in monetary terms. These include medical expenses and lost wages. The actual costs the victim incurs are typically considered when calculating economic damages.
1. Economic Damages
Medical expenses
Medical expenses encompass all costs related to medical treatment, including hospital bills, ambulance fees, medication, surgeries, rehabilitation, and future medical needs.
Lost wages
Refers to the income lost because of the injury, including wages they could have earned during their recovery period. In some cases, if the injury results in a long-term disability that prevents the victim from returning to work, they could receive a permanent impairment payout.
Domestic care
Compensation payouts also cover reasonable home care expenses and out-of-pocket costs, such as those incurred thanks to family and friends.
Travel expenses
Compensation payout amounts also reimburse medical treatment-related travel costs.
2. Non-Economic Damages (General damages)
Non-economic damages are intangible losses that are not easily quantifiable in monetary terms. They include pain and suffering, emotional trauma, loss of consortium, and loss of enjoyment of life. Calculating non-economic damages is more subjective than calculating economic damages.
Pain and suffering
Pain and suffering refer to the immediate and long-term emotional and physical suffering the claimant endured as a result of the accident. Compensation for pain and suffering aims to provide comfort for the victim’s loss and their life impact.
Emotional distress
Includes the psychological impacts of the accident, like anxiety, depression, post-traumatic stress disorder (PTSD), and other psychiatric conditions associated with the injury. Compensation for emotional trauma acknowledges the mental health toll of the accident.
Loss of enjoyment of life
Refers to the inability to engage in activities and hobbies enjoyed before the accident. If the harm has limited the injured person’s ability to participate in these activities, there will be compensation to help restore their quality of life.
Loss of consortium
Damages awarded to a spouse or partner of the claimant compensate for the loss of companionship, love, and the ability to continue a typical married or domestic relationship that the accident or illness has taken away.
Do I Have a Valid Claim?
The Role of Insurance in Calculating Compensation Payouts
Insurance companies play a substantial role in calculating injury compensation payouts. In most cases, the responsible party’s insurance policy is the primary source of compensation for successful claims.
For most Queensland compensation cases, the at-fault party generally carries liability insurance. This coverage protects the liable party from financial losses when their duty of care failure causes someone a loss. In this case, the claimant’s compensation lawyer negotiates a fair settlement with the insurer. The insurance company will assess the legal claim based on the policy coverage, the available evidence, and the extent of the damage.
It is important to note that profitability drives insurers’ decisions. Their primary goal is to minimise their financial liability and the value of your injury payout. As a result, they will try to undervalue or deny valid claims, often saying you helped cause the accident. In this situation, the importance of legal representation comes into play.
Why You Need Legal Advice for Compensation Claims
When you want a successful compensation claim payout in Queensland, you have the right to seek legal advice. Experienced compensation lawyers know personal injury law and how to navigate complex legal processes. Here’s how they can help you.
- Compensation lawyers know the intricacies of personal injury law and the factors determining claim payout values. They understand the process of evaluating damages, gathering evidence, and presenting a compelling case to support their client’s interests.
- Experienced compensation lawyers have an established network of experts and professionals who provide valuable opinions and testimony to support the injury claim.
- Compensation lawyers are skilled negotiators when dealing with resistant insurance companies. They know insurance adjusters’ tactics and can counter their attempts to undervalue or deny a valid case.
- If the parties cannot reach a fair settlement, your personal injury lawyer will advise if your case warrants court action.
Get Started With Splatt Lawyers
Accident Compensation Claim Payout Legal Advice
If an accident harms you and you aren’t to blame, you have the legal right to claim a personal injury payout for your financial loss. Before making a claim, you should understand your circumstances and the legal process for seeking restitution.
At Splatt Lawyers, it’s free to know how much compensation is available when harmed by the negligence of others. Regardless of your psychological and physical injuries, our 100% no-win, no-fee lawyers offer legal advice for your entitlements.
Contact our legal team for the next steps to receive common law damages. Call Now – 1800 700 125
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Personal Injury Claims Payouts FAQs
What counts as a serious injury?
Safe Work Australia statistics show 1,140 employees have claimed workers’ compensation for serious injuries in the past ten years. In Australia, severe injuries are generally considered to be physical injuries that require:
- Immediate medical attention or hospitalisation
- One where the worker must take a minimum of five days off work
How much is the average workers’ compensation payout?
Safe Work Australia data for 2022 shows that the average payout for a workers’ compensation claim for physical injury was $15,743. However, the amount was higher for psychological injury, at $58,615.
What is the average compensation payout for a back injury in Australia?
Compensation payout amounts for back injuries in Australia vary depending on a few factors, including:
- The accident type, e.g. car accident or workplace injury
- How much your injuries affect your capacity to earn an income
However, if you suffer a back injury due to another’s negligence, the average payout value generally ranges from $10,000 for minor damage to $100,000 for severe harm.
How are pain and suffering calculated in Australia?
The value of injury compensation payouts in Australia is calculated using “heads of damages”, which consider
- Pain and suffering
- Lost past and future earnings
- Cost of home care
- Medical expenses, including travel
- Cost of aids and equipment
- Lost enjoyment of life
Hence, how much compensation you receive for pain and suffering depends on how much your injuries have altered your life.
What is the average settlement for pain and suffering?
Pain and suffering settlements vary greatly based on the level of harm, from $10,000 to over $700,000 for catastrophic damage.
How much compensation do you get for a psychological injury?
In Queensland, the average workers’ compensation payout for a psychological injury is about $68,000.