Personal Injury
8. Compensation & Damages
Firm / Chambers:
Last updated: 14 Aug 2015
- If you successfully prove your personal injury claim you will be entitled to compensation or damages. This is the most commonly sought remedy or form of award that an injured person may seek although there are times when an injured person may also seek an apology from the person who caused the accident.
- You will need to calculate the amount of compensation you are seeking. In order to do so you must gather information that demonstrates the monetary value of your injury. Essentially this is evidence that proves the extent of the damage and loss you have suffered as a direct result of the accident.
- Your injuries must have been directly caused by the accident. You cannot claim compensation for pre-existing conditions or injuries that were not caused by the accident. You can however claim compensation for pre-existing injuries that have been made worse by the accident.
- Damages are calculated by looking at how your injuries affect you now and by making a prediction about how they will affect you into the future.
- You can claim for:
- general pain and suffering;
- rehabilitation costs such as chiropractic or physiotherapy;
- medical and special needs care and assistance costs provided by loved ones or external care providers;
- commercial care costs such as gardening and lawn mowing;
- medical expenses associated with your injury; and
- loss of earnings.
- The laws do vary greatly between each states and territory. There may be limits to the amount you can claim under certain categories of damages. This tends to be a highly regulated area because over time there have been an increasing number of personal injury claims being made. State and territory parliaments have passed legislation that limits the amount of compensation people can claim. The amount you can claim for general damages for pain and suffering, care costs and future economic loss are usually capped.
- You should check the law in your state or territory and consult a lawyer to assist you with calculating damages.
- Our free Find a Lawyer directory may help you get in touch with an experienced personal injury lawyer near you.
- When calculating damages the following information is necessary:
- specifics about your pain and suffering for general damages including how the injuries affect your daily life and whether they have also affected your family or any significant relationships in your life;
- whether your disabilities stop you from enjoying your life including any hobbies;
- all expenses due to your injury such as physiotherapy, massage, GP visits, specialist consultations and treatment;
- travel to and from any medical practitioners;
- receipts for medications or other health supplies;
- your income at the time of the accident;
- proof of lost income;
- proof of any higher income lost as a result of your injury; and
- details of care provided to you by loved ones or external providers such as a home nurse visits.
View more Information on Compensation & Insurance