The value of personal injury claim payouts is determined by Queensland legislation and the decisions of the courts. The purpose of an accident compensation claim payout is to provide financial support to the not-at-fault injured party to support their recovery.
If you have suffered a physical or psychological injury due to the negligence of others, Splatt Lawyers provide legal services on a 100% no-win, no-fee basis. It’s free to know your options. Call 1800 700 125
However, many Australians don’t understand how personal injury compensation entitlements are determined. Additionally, calculating claim payouts is complex and changes depending on various factors.
The cases quoted below provide personal injury claim payout values from Queensland court decisions and how they are determined.
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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 for a permanent impairment (for serious injuries). Additionally, you can make a common law claim.
The workplace injury compensation process begins with lodging a workers’ compensation claim. Once approved, you will get regular workers’ compensation payments. You can lodge an online claim here >
Permanent Impairment Payout
Injured workers nearing the end of the workers’ compensation claim process will have a permanent impairment assessment. For WorkCover lump sum payments, the maximum payout value of $398,731.91 is divided by the percentage of whole person impairment (WPI). This means, for every 1%, an injured worker is entitled to $3,987.
Hence, depending on the severity of an injury, you could receive a one-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 related financial loss. Once approved, you will receive a lump-sum settlement. A personal injury lawyer can provide legal advice for medical negligence claims, including eligibility for a negligence payout.
(Splatt Lawyers does not advise on medical negligence matters)
List of Compensation Payouts Australia
Workplace Injury Common Law Payouts
List of common law payouts for work injuries in Queensland
| Case | Occupation | Injury | % Impairment | Payout |
| Clement v Backo QSC 129 | Trades assistant | Neck & Back | 5 to 6 | $539,044.08 |
| Bissell v MT Isa Mines QSC 059 | Miner | Elbow | 2 | $376,402.08 |
| Smith v QLD Rail QSC 019 | Train driver | Lower Back | 2 to 3 | $91,485.03 |
| Jensen v State of Queensland QDC 087 | Cabinet maker | Internal Organs | $111,750.53 | |
| Kirchner v ITT Water & Wastewater QSC 412 | Labourer | Head injury | 19 | $315,281.28 |
| Appo v Stanley QSC 383 | Jockey | Nose, neck & face | 25 | $945,895.02 |
Common Law Settlement Average Payout 2022-2023
When an employer’s negligence causes harm, you could be eligible to make a common law claim (sue for damages) and receive lump sum compensation. According to WorkSafe QLD statistics, the average common law lump sum settlement for workplace injuries in 2022–2023 was $188,794
Average Heads for Damage for Common Law Settlements
The value of a common law payout is calculated using “heads of damages.” According to WorkSafe QLD data, the average settlement amounts for general and special damages are below, 2021-2022.
| Type of Damages | Amount | % of Total Compensation |
| General Damages | 25,269 | 8.6 |
| Past Economic Loss | 69,948 | 23.7 |
| Future Economic Loss | 148,409 | 50.2 |
| Rehabilitation | 39,237 | 13.3 |
| Gratuitous Care | 7,689 | 2.6 |
| Other | 4,790 | 1.6 |
Motor Vehicle Accident Claims Average Payout Amounts
The average compensation payout for a car accident is $104,979, according to data published by the Motor Accident Insurance Commission. Depending on the seriousness of the injury (which can be both physical and mental), the following are approximate amounts paid out in claims for QLD road accidents.
| Severity of Car Accident Injury | Average Lump Sum Payout |
| Minor | $82,600 |
| Moderate | $183,000 |
| Serious | $358,600 |
| Severe Injury | $636,600 |
| Critical | $1,486,400 |
List of Car Accident Injury Common Law Payouts
| Case | Occupation | Injury | % Impairment | Payout |
| Rosewarne v Marshall QSC 283 | Information Technologist | Neck & Back | 5 | $116,269.45 |
| Taylor v Anderson QSC 106 | TAFE & Yoga Teacher | Neck & Shoulder | 8 to 10 | $187,830.65 |
| Coop v Johnston QDC 79 | Shop Assistant | Neck | 5 | $73,512 |
| Kawecki v Tobin QDC 521 | Carer & Nurse | Neck & back | 8 | $151,165 |
| Williams v Partridge QSC 278 | Unemployed | Multiple | 25 | $611,196.36 |
| Foster v Clayborn’s Discount Tiles QDC 290 | Sales Assistant | Head | 5 to 6 | $47,618.10 |
| Clark v Hall QSC 274 | Casual Waitress | Foot & PTSD | 3 | $285,260 |
| Kakoschke v Draper QSC 386 | Teacher | Psychological | $560,919 | |
| Marshall v Girard QSC 454 | Painter | Hand, Knee & Shoulder | 19 | $921,667.07 |
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 of the at-fault party
- If you were partially at fault for the accident (contributory negligence)
- 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. The next section focuses on the significant factors influencing payout values.
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 similar future behaviour by others. For example, a road rage incident where a driver intentionally inflicts harm.
If You Were Partly to Blame
A damages settlement will be reduced when an insurance company can prove you were partly to blame for the accident. In this case, you will have contributory negligence, which will reduce the value of a compensation payout.
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 for 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 recognises how an injury affects not only the claimant’s well-being but also the ability of the claimant and their family to enjoy everyday life.
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.
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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. The insurance company will assess the legal claim based on the policy coverage, the available evidence, and the extent of the damage.
In Australia, insurers’ decisions are often motivated by profit. Their primary goal is to reduce their financial liability, which impacts the value of personal injury payouts. As a result, they will try to undervalue or deny valid claims by assigning contributory negligence to the claimant.
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Accident Compensation Claim Payout Legal Advice
Statistical evidence suggests that claimants with legal representation achieve better outcomes when negotiating with insurers. Experienced compensation lawyers know personal injury law and how to navigate complex legal processes.
- 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, a personal injury lawyer can advise if a case warrants court action.
Splatt Lawyers can explain your entitlements when harmed by the negligence of others on a 100% no-win, no-fee basis. Call 1800 700 125
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Personal Injury Claims Payouts FAQs
What counts as a serious injury?
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 long does it take for compensation to be paid?
In Queensland, compensation payouts can take between nine and eighteen months depending on the type of accident and it’s severity.
How are injury compensation payouts 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
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.