Legal Advice for Compensation Insurance Claims & TPD Payouts

Pain and Suffering Compensation Claims Calculator

When injured by someone else’s negligence, you can file a personal injury claim in Australia and receive pain and suffering compensation. Our free pain and suffering calculator helps you know the value of your lump sum compensation payout. You can also request a free, accurate estimate by calling 1800 700 125 – or  Email Us your details.

(Disclaimer – online claim values are a guide. For an accurate estimate, please contact us)

Pain and Suffering Claim Advice

Calculating compensation claims and payouts for pain and suffering can be complicated. That’s why we created this personal injury claims guide to help you know how much compensation to expect for a psychological injury and emotional pain.

At Splatt Lawyers, it costs nothing for a personal injury lawyer to evaluate your entitlements. Contact us now for free legal advice. Call 1800 700 125

Calculate Pain and Suffering Payout

About Pain and Suffering Compensation

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.

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What is Included in a Pain and Suffering Claim?

A successful pain and suffering claim considers:

  1. Physical pain and suffering: include physical discomfort, pain, limitations resulting from injuries, and discomfort from treatments.
  2. Emotional distress is also a significant part of pain and suffering claims, covering cognitive impairments and emotional trauma such as anxiety and depression and recognised mental health conditions like PTSD.
  3. Lost enjoyment of life: is another crucial factor for pain and suffering damages. It aims to restore the quality of life you had before the injury.
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Calculate Your Pain and Suffering Settlement

Queenslanders with eligible accident compensation claims often want to calculate the value of their 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 a:

  • Car accident
  • Workplace accident or illness
  • Accident in a public place
  • Private property accident

 

Regardless of how the injury happened, to successfully claim an accident compensation payout, the injured must prove that the other party was at fault for the accident that caused their financial loss.

Pain and Suffering Payout Table QLD 2024

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

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What is the Purpose of a Pain and Suffering Payout?

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. Hence, serious injuries requiring significant medical treatment can dramatically influence compensation amounts.

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.

Queenslanders who are suffering physical and emotional distress due to an incident outside their control may consider making a personal injury claim for economic and non-economic loss. But starting legal proceedings would mean seeking legal advice from a personal injury lawyer and reliving the distressing event. Is it going to be worth the hassle? That’s when calculating pain and suffering damages can help.

Our straightforward calculator helps you learn what you might expect if you seek compensation so you can determine what is best for your circumstances. Give it a go now >

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How is Pain and Suffering Calculated in Australia?

Calculating the value of pain and suffering damages involves:

  1. Assessing the severity of the injury,
  2. Its impact on quality of life
  3. And how much emotional distress has been experienced?

The value of general damages you receive depends on the legislation applied to your personal injury claim.

  1. Work injury claims: Schedule 12 of the Workers Compensation and Rehabilitation Act (WRCA)
  2. Car accident claims: Damages are based on Section 7 of the Civil Liability Regulation 2014 in conjunction with the Motor Accident Insurance Act (MAIA).
  3. Public liability claims: The Personal Injuries Proceedings Act (PIPA) applies to faulty products, medical negligence and general negligence, and Section 7 of the Civil Liability Regulation 2014 decides how much money should be paid in damages.

 

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 serious injury, such as permanent spine or brain damage.

What is the maximum compensation payout for pain and suffering?
  1. Under the Civil Liability Act, the current maximum amount payable for pain and suffering from public liability and car accidents that happen on or after 1 July 2023 is $375,200 in Queensland.
  2. Under the Workers’ Compensation and Rehabilitation Regulation 2014, the maximum payable for workplace accidents from 1 July 2024 is $442,195.
  3. At this time, pain and suffering damages are unlimited under a common law assessment.
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QLD Pain and Suffering Claim Legal Advice

Experience Queensland personal injury lawyers provide legal advice when you suffer physical and emotional trauma due to the negligence of others. In this situation, legal representation could help you work through the complex claims process to your desired outcome.

Experienced personal injury lawyers:

  • Assess if you have a valid claim
  • Provide legal advice regarding your right to claim accident compensation
  • Let you know the potential value of a lump sum payout
  • Advise on your next steps to justice

Our 100% no-win, no-fee lawyers advise on securing fair compensation for negligence by accurately demonstrating the extent of your injuries and the related financial loss. At Splatt Lawyers, it’s free to learn your rights, so get started now by Calling 1800 700 125.

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Pain and Suffering Compensation Calculator Australia FAQs

Can I claim pain and suffering damages?

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 payout for people who exceed the minimum level of physical or psychological damage.

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:

  1. Provide medical evidence
  2. Meet a minimum impairment threshold
  3. Prove they were not at fault in the incident.

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:

  • Medical treatment records
  • An independent medical assessment or other expert reports

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