If you are injured in a motor vehicle accident, work accident, an incident in a public place, or a sporting accident you may be entitled to one or more of the followings heads of damage:
- General damages (pain and suffering)
- Past and future economic loss
- Past and future out-of-pocket expenses
- Past and future care and assistance
The rule of damages is that if you were injured as a result of the negligence of someone else you should be awarded a monetary sum which will, as reasonably as possible, put you in a similar position had you not been injured. However, note that liability including contributory negligence can impact the damages you may receive.
General Damages (Pain & Suffering)
General damages, previously known as pain and suffering, is a lump sum payment determined by the Civil Liability Regulation 2014 or the Workers Compensation and Rehabilitation Regulations 2014 (Regulations).  General damages are usually assessed using the scale of injuries under the Regulations. You are allocated an Injury Scale Value (ISV) between 1 and 100. The ISV you are awarded then corresponds to a monetary sum.
In some instances general damages is assessed according to common law and not the Regulations.
Past & Future Economic Loss
Past economic loss is calculated from the income you were not able to earn whilst being unable to work due to your injury(s) or whilst receiving treatment. To claim past economic loss you must be earning less per week then you were prior to the injury – this could be from having days off from work or having to reduce your usual working hours. Superannuation benefits you missed due to not working are also claimable.
Future economic loss is an advanced lump sum to compensate for income you are no longer able to earn as a result of your injuries. Future economic loss can be calculated in two ways:
- The difference between your weekly income prior the accident and your weekly income post-accident up until age 67 (however there are some exceptions to this age); or
- A global allowance.
The first way of calculating future economic loss is the preferred option as it is a depiction of your actual loss. Future economic loss is generally calculated up until age 67, however there are some exceptions.
However when your income is the same or similar prior to and after the accident, you may claim a global allowance for being at risk on the open labour market. Depending upon various factors including the extent of your injuries and your age, this amount varies.
Past & Future Out-of-Pocket Expenses
A claim for past out-of-pocket expenses is to recover your expenses already paid as a result of your accident-related injuries. Out-of-pocket expenses can include, but are not limited to, doctor or specialists consultations, physiotherapy, counselling, medication, scans or bandages.
Future out-of-pocket expenses is a claim to receive an advanced lump sum to cover future medical treatment and expenses you will require.
If you have sustained an injury in a motor vehicle accident, work accident, in an incident in a public place, or a sporting accident, it is important to keep all receipts for your out-of-pocket expenses to be able to recover the loss in your claim.
Past & Future Care & Assistance
Care and assistance provided may include, but is not limited to, gardening, mowing, cooking, house cleaning, doing the laundry, and other personal services. Care and assistance can be provided by your family, friends, neighbours or paid service.
To claim past care and assistance you must satisfy the threshold imposed by the Civil Liability Act 2003 (Qld).
Future care and assistance is a claim for ongoing care and assistance that you will require as a result of your injuries.
If you have been injured in a motor vehicle accident, work accident, in an incident in a public place, or a sporting accident, and have been receiving care and assistance, it is important to keep a schedule detailing the care and assistance you received.
Contact Us
If you have sustained an injury in a motor vehicle accident, work accident, in an incident in a public place, or a sporting accident, and would like to discuss the heads of damages further, contact one of our expert lawyers today.