After an injury or accident is a particularly emotional and physically distressing situation to any victim. This suffering can have a highly profound impact on everyday life that often comes with psychological distress.
For those who are dealing with and navigating the legal system, trying to understand the requirements for eligibility and figuring out the compensation process, can seem overwhelming for those who are already coping with the aftermath of an injury.
Without the proper legal support, many individuals may risk gaining the rightful compensation they deserve for pain and suffering compensation.
Our highly experienced personal injury lawyers Brisbane at Revolution law can represent you in court if required, can process your documents, and protect your rights to secure the compensation you deserve.
What is Pain and Suffering?
Pain and suffering in Australia Queensland law refers to emotional and physical distress, caused by an accident or injury.
It includes not just the physical pain that comes from an injury, but also the ongoing discomfort, psychological distress and diminished quality and enjoyment of life.
Since the side effects of an injury go beyond not only monetary loss, this non economic damage is acknowledged as a substantial element of personal injury claims.
Factors that Contribute to Pain and Suffering Settlement
In Brisbane, a number of criteria will affect how pain and suffering compensation is determined. These consist of :
- Injury severity : Higher compensation sums typically associated with more severe injuries.
- Duration of pain: prolonged or chronic discomfort may result in higher compensation.
- Impact on daily life : The degree to which the injury interferes with the victim’s capacity to carry out everyday tasks is taken into consideration.
- Psychological effects : The compensation is based on whether the damage causes emotional distress such as anxiety or depression.
- Age of the victim : Due to the possible long-term effects, younger individuals may receive a higher remuneration.
What is Covered in Pain and Suffering?
In Queensland general damages, commonly referred to as pain and suffering compensation include :
- Emotional and psychological distress
- Physical pain and discomfort
- Loss of enjoyment for life
- Disfigurement or scarring
- Loss of amenities
Car Accident Claims for Pain and Suffering
The Civil Liability Act 2003 governs pain and suffering compensation for car accident claims and is assessed using the Injury Scale Value (ISV) system to calculate, this ranges from 0-100, with higher indicate more serious damage.
The Civil Liability Regulation 2014’s compensation table is then used to translate this value into a monetary amount.
WorkCover Pain and Suffering
In Queensland WorkCover claims are slightly different. Common law claims against an employer for carelessness may include pain and suffering compensation, even if workers compensation primarily addresses monetary losses.
Similar to the ISV system used for civil claims, these claims are evaluated under the Workers’ Compensation and Rehabilitation Act of 2003.
What is the Average CTP Payout in Queensland?
Depending on the extent of the injury compensation might vary significantly.
The Motor Accident Insurance Commission has released data showing that the average CTP payouts fall into the following ranges.
- Minor injuries: $82,100
- Moderate injuries: $197,900
- Serious injuries: $395,900
- Severe injuries: $687,200
- Critical injuries: $1,968,500
Keep in mind that these are averages only and individual payouts will vary depending on the specific circumstances of your case.
Is There a Time Threshold on Pain and Suffering Damages?
Yes there are time limits and thresholds for pain and suffering damages under Queensland law.
For severe injuries with an ISV of 99, the maximum amount for pain and suffering damages that can be awarded in Queensland is $477,140 (as of July 1, 2022)
Are there Time Limitations to Making a Claim for Pain and Suffering?
Yes there are strict deadlines for filing claims for pain and suffering:
- You typically have 3 years from the date of the injury to start legal actions for the majority of personal injury claims including motor vehicle accidents.
- For WorkCover claims, you must lodge an application for compensation within 6 months of the injury occurring. You normally have 3 years from the date of the injury to file a common law claim for damages.
- The time limit may begin on the day the injury was detected in some situations, such as when the symptoms of the injury are not immediately noticeable.
After an injury, you should always seek legal advice from our experienced lawyers at Revolution law as soon as possible for the best chance of securing success in your claim, and to ensure you don’t miss the deadlines.
What are the Steps You Should Take to Prove your Pain and Suffering Claim
To successfully prove your pain and suffering claim in Queensland, to help support your pain and suffering claims.
You can follow this set of steps :
1. Seeking medical attention :
Get a comprehensive medical evaluation as soon as possible following the injury. This creates an officially documented report for your injury.
2. Keep records of everything :
Keep detailed notes of your wounds, therapies and the ways in which they impact your day-to-day activities. This will include medical records, photos of wounds, and a private journal detailing your discomfort and limitations.
3. Collect evidence :
Compile all relevant documentation, such as witness accounts, accident reports and any available CCTV footage.
4. Maintain financial documents :
Keep track of all the expenditures associated with your accident such as, lost wages, medical bills, and travel fees for treatment
5. Ask for expert opinions :
Get medical advice that explains the severity of your wounds, your prognosis and any possible long term effects.
6. Fill out required forms :
For a WorkCover claim – You must fill out a WorkCover Queensland claim form in order to make a claim
For Motor vehicle accidents – You’ll need to fill out a Notice of Accident Claim Form
For the best outcome, it is crucial that you have your lawyer complete these forms instead of filling it yourself, as there is only one opportunity to get it right and maximise the result. The information in these forms will be relied upon in the claim.
7. Take into account psychological evaluation :
To substantiate your claim for mental suffering, think about obtaining a professional assessment for mental discomfort.
8. Avoid social media :
Exercise caution when posting anything on social media since it could be utilised against your claim.
9. Maintain Consistency :
Make sure that everything you claim in your statements regarding your injuries is consistent throughout any follow up appointments, insurance claims and legal proceedings.
10. Talk to a lawyer :
Given the complex nature of pain and suffering cases, you should seek legal advice from our personal injury lawyers in Queensland, who can guide you through the process and achieve the rightful compensation you deserve.
Seeking Legal Advice from Revolution Law
It can be difficult to navigate the complex rules of a pain and suffering claim in Queensland. We understand the devastating effects this can have on your physical, mental and financial well being.
Contact our personal injury lawyers who are skilled & committed to supporting your rights and gaining the best success for your compensation claim.
We’ll assess your case, help you gather the required documentation, represent you in court if needed and guide you through every step of the claims process.
Contact our team today for a confidential consultation today.
07 3416 4999
