In Australia, pain and suffering compensation is one component of a settlement for injuries caused by someone else’s negligence. Our guide to pain and suffering claims helps you understand your entitlements and how a lump sum payout is calculated. Splatt Lawyers can provide free advice regarding your rights. Call: 1800 700 125 – or Email >
Legal processes for calculating pain and suffering compensation are complicated. But a personal injury claims guide could help you understand the process of calculating damages for a psychological injury and emotional pain.
A Splatt personal injury lawyer can provide legal advice about your rights and entitlements. It’s free to know where you stand. Call 1800 700 125
Under Australian personal injury law, settlement of a personal injury claim includes an amount for non-economic losses, known as pain and suffering compensation.
These damages address the injured person’s immediate and long-term emotional pain (or psychological injury) that is often associated with a physical injury.
A successful pain and suffering claim considers:
Queenslanders with eligible accident compensation claims often want to know the process of calculating a pain and suffering settlement. This type of non-economic damage occurs when someone suffers a personal injury from someone else’s negligence. The most common injuries covered by personal injury claims are from:
Regardless of how the injury happened, to successfully claim an accident compensation payout, the injured person must prove that the other party was at fault for the accident that caused their financial loss.
In Queensland, the value of pain and suffering compensation is assessed using an injury scale value as outlined in two pieces of legislation.
A specialist personal injury lawyer can explain how this principle applies to your circumstances.
Injury Scale Value (ISV) Payout Table QLD from 1 July 2024
ISV Value | Civil Liability | Workers Comp |
|---|---|---|
1 | $1,860 | $1,755 |
5 | $9,300 | $8,745 |
10 | $20,200 | $19,355 |
15 | $33,000 | $31,715 |
20 | $47,600 | $45,770 |
25 | $63,950 | $61,710 |
30 | $82,250 | $79,530 |
40 | $124,250 | $120,260 |
50 | $171,500 | $165,970 |
60 | $221,900 | $214,725 |
80 | $332,690 | $322,070 |
100 | $456,950 | $442,195 |
Splatt Lawyers is 100% No Win, No Fee personal injury law firm. Our legal funding agreement means:
Pay zero to learn the value of a pain and suffering payout with a free initial consult. Call 1800 700 125
Splatt’s personal injury lawyers can provide legal advice when you suffer physical and emotional trauma due to the negligence of others on a 100% no-win, no-fee basis.
Experienced personal injury lawyers can:
Our no-win, no-fee lawyers explain the process for accurately demonstrating the extent of negligence-related loss to secure fair compensation.
It’s free to know your options. Call 1800 700 125.
A pain and suffering payout seeks to restore your life to where it would be had your accident not happened. As a result, how much your quality of life has changed because of your illness, physical or psychological injury determines your unique compensation value.
In Australia, damages for pain and suffering, also called general damages, cover the costs of an injury’s physical and emotional suffering and the resulting loss of life’s quality and enjoyment.
A compensation payout for pain and suffering considers not only physical injuries but also psychological injuries or the effects of secondary psychiatric injuries, such as post-traumatic stress disorders, anxiety, depression and adjustment disorders.
Several factors influence the calculation of pain and suffering compensation claims and payouts, including:
How severe and long-lasting is the injury? Generally, more intense and longer-lasting pain typically results in higher payouts. Compensation amounts can, therefore, be significantly impacted by serious injuries that necessitate extensive medical care.
How much does the pain disrupt daily activities and quality of life? For example, Carol’s ongoing mobility issues and emotional distress from her ankle injuries mean she can’t complete her regular activities, like taking a shower or cleaning her house.
Also, work capacity, future expenses and the possible long-term outcome of an injury, such as the risk of chronic pain, will impact compensation values.
Calculating the value of pain and suffering damages involves:
The value of general damages you receive depends on the legislation applied to your personal injury claim.
In most cases, the dominant injury receives an injury scale value (ISV) ranging from 0 to 100. For example, a value of 0 means your medical condition has completely healed without permanent damage. Conversely, an ISV of 100 means the dominant injury creates permanent incapacitation. This is typically a significant injury, such as permanent spine or brain damage.
When another person or party’s negligence causes you harm, you can file a claim for pain and suffering damages in Queensland. Successful pain and suffering payouts deliver a lump sum payment for people who have sufficient proof of physical or psychological damage and a related financial loss.
In Queensland, pain and suffering compensation are non-economic damages that aim to reimburse people for the physical and emotional distress they endure due to an injury. They seek to compensate for the non-financial losses associated with accident injuries.
To claim pain and suffering compensation, claimants must:
These three requirements are essential for a valid pain and suffering claim.
To successfully prove a pain and suffering claim, you must show evidence of who was at fault for your injury and connect the incident to your physical and emotional trauma. This evidence can include:
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Our Queensland lawyers advise on your rights. Splatt Lawyers offers a free initial consultation regarding your eligibility and entitlements.
