What kind of harm or loss might I be compensated for?

• A person can claim for two types of damages:
  • general damages; and
  • special damages.

• General damages are a type of compensation payment that cover:
  • non-quantifiable losses like pain and suffering;
  • loss of future earning capacity;
  • reduced quality of life; and
  • disfigurement.
• Courts will take into account the victim’s personal circumstances and the impact that the harm has had on their lives when determining the appropriate amount of general damages to award.
  • Most states and territories have placed caps on the maximum amount of general damages that can be claimed. You will need to speak to your lawyer about the maximum claimable amount for your state or territory.

• Special damages refer to compensation for quantifiable expenses like:
  • medical treatment;
  • therapy;
  • lost earnings up until the date of trial; and
  • any other related expenses incurred.