How do accident lawyers provide a payout estimate? 

2023-08-30T19:58:15+10:0016/05/2023|Injury, Motor Vehicle, Tips & Tricks|

How do accident lawyers provide a payout estimate? 

Any initial estimate a Lawyer will give you is guesswork, yes, guesswork can be pretty good depending on the experience of your Lawyer, but it is not Legal advice. Your final compensation outcome is based on your situation, and the evidence obtained to support your claim. There is no ‘average payout’ for injuries such as whiplash or pain and suffering after a car accident. In the case listed below of Mr Busch, who self-represented for over seven years, he attempted to claim injury damages for over $2,000,000.00, and after all of this time and work he put in, the judge only awarded him $5000.00. The court documents referred to the lack of evidence to support his compensation claim. This result must have been incredibly disappointing for Mr Busch. The evidence is a critical part of the process and the compensation outcome, which is why Lawyers collect and analyse it over many months. Once you have recovered as best as you can from your injuries, the Barista and Your Lawyer use this evidence and draft a confidential quantum of advice. This advice is given to you before your mediation, and it provides you a compensation range that we predict your claim to settle within.

We would love to meet with you and have one of our very experienced lawyers explain how we can help you obtain the proper evidence in the right manner to achieve the best possible outcome for you.

Your initial chat with a Lawyer is free, and there is no obligation to proceed. We can just advise you if you have a claim, answer any questions and let you know how we can help.

07 3341 6999 or reach out to us via email

Examples Of Car Accident Injury Pay Outs

These are examples of compensation payouts in matters that recently went to court. It is very uncommon for car accident personal injury claims to end up in court. When they do, the information is publicly available in what is otherwise a strictly confidential outcome.

Murphy v Turner-Jones [2022] QSC 40 – Awarded $200,776.07 plus costs

Mr Murphey, aged 50, claimed serious injuries, including whiplash and polytrauma at each level of his spine and pelvis. The defendant claimed he suffered only a mild strain on the spine.

The judge accepted the defendant’s case that the motor vehicle accident was at low speed and had a minor impact with minimal damage to both vehicles.

The judge further determined that although the impact was minor, it did not conclude that Mr Murphy has not suffered from a high level of neck or spinal injury symptoms.

Injury Compensation Outcome

Pain and suffering

Item 88 ISV 10


Past loss of economic capacity


Future economic loss

Future economic loss

Medical expenses


Interest on medical expenses

$4,467.37 x 1.48% for 4.5 years ÷ 2


Future medical expenses




O’Connor v Wright [2021] QDC 173– Awarded $30,880.00

In January 2018, Ms. O’Connor, then 19, was driving her motor vehicle north on the Bruce Highway. Ms O’Connor slowed her vehicle to nearly a stop before being rear-ended by a car travelling at about 70km per hour. Ms O’Conner sustained a soft tissue injury to her cervical and thoracolumbar spine, aggravating pre-existing thoracolumbar scoliosis.

Injury Compensation Outcome

Head of Damage

Amount Claimed

General Damages

$ 11,880.00

Past Special Damages (including interest to date)

$ 1,000.00

Future expenses

$ 500.00

Future economic loss

$ 17,500.00


$ 30,880.00

Ketchell v RACQ insurance Limited [2021] QDC 307– Awarded  $479,884.70.

Mr Ketchell, the plaintiff, was outside the front of the Royal Hotel in Ingham on April 2014 when a driver lost control of his motor vehicle. The car left the roadway, became airborne and struck Mr. Ketchell on his ankle, causing him to spin around onto his back. Mr Ketchell experienced immediate pain in his thoracic spine.

The judgment for  Mr Ketchell was the sum of $479,884.70.

McKay v Armstrong [2020] QDC 127– Awarded $77,473.73

On Valentine’s Day, 2014, Ms McKay obtained injuries when a driver lost control of his vehicle and collided with her vehicle. Ms McKay suffered a predominant injury to her shoulder region with painful symptoms radiating up her neck, with a secondary psychiatric injury of adjustment disorder with anxious and depressed mood minorly attributable to the accident

Injury Compensation Outcome

General damages


Past Economic Loss




Past Superannuation Loss


Future Economic Loss


Future Superannuation Loss


Past Special Damages & interest


Future Special Damages


Future care and assistance




Hariharan v Vojtisek & Anor [2020] QDC 276 – Awarded $269,840.64

Mr Hariharan suffered personal injuries from a motor vehicle accident that occurred in early 2017. Mr Hariharan was “T-boned” when the other car driver disobeyed a red light.

As a result of the accident, Mr Hariharan suffered a generalised musculoligamentous and soft tissue injury to the cervical spine and aggravation of mild pre-existing degenerative changes to the cervical spine.

The defendant pleaded that the accident caused a minor and temporary soft tissue injury which has long since resolved and therefore Mr. Hariharan suffered little loss.

Injury Compensation Outcome

General damages


Past Economic Loss


Interest Thereon


Past Superannuation


Future Economic Loss


Future Superannuation


Past Special Damages 


Future Special Damages


Future Special Damages




Busch v Parker & Anor [2022] QSC 211 Awarded $5000

In 2014 Mr Busch, age 48, was involved in a car accident. The insurer accepted liability for the accident. Mr Busch represented himself in his personal injury claim; this claim went to trial in 2022 when Mr Busch was 56. Mr Busch presented his personal assessment of damages with an appeal for $2,045,753.15. The defendant took issue were the nature and extent of the spinal injury and the resulting economic loss. Unfortunately, due to the lack of documented evidence provided by Mr Busch, his claims were ill-supported, and the judge only awarded him $5000.00

Mr Busch Personal Assessment of Damages – Not Awarded 

Total Medical Expenses


Total Pharmaceutical expenses


The claim amount for past economic loss


Claim for future economic loss


Damages for personal injury and loss of the amenities of life


Interest on past economic loss


Loss of superannuation


Total claim amount


Allen v O’Donnell & Anor [2021] QSC 63 – Awarded $2, 499, 399.69

In January 2015, 49-year-old Mr Allen from Townsville was travelling to Brisbane with his three children in their Kia Carnival. Unfortunately, as they were driving, a Nissan Patrol veered onto the wrong side of the road and caused a high-speed head-on collision with Mr. Allen’s car.

This car accident was catastrophic and life changing as Mr Allen sustained extensive injuries, including fractures, tears to both ACLS, facial injuries, injuries to the teeth and gums, sight impairment, hearing impairment, PTSD, spinal injuries, traumatic brain injury and soft tissue injuries.

General Damages

$109, 640.00

Past economic loss

$515, 957.20

Interest on past economic loss

$17, 245.69

Past loss of superannuation

$57, 025.39

Future economic loss


Future loss of superannuation

$108, 659.23

Alternative accommodation

$45, 682.00

Interest on alternative accommodation


Future rental expenses


Future home modifications


Future medical expenses


Future surgery

$53, 100.00

Future medications


Future aids


Special Damages




Past care


Future Care

$225, 554.00


$2, 499, 399.69

If you have been in a car accident and you would like further information on what your rights are, our Lawyers are incredibly experienced and happy to answer any questions and provide you simple straight forward advice that is relevant to you.

We went to Court to prove our client was not at fault in a car accident

2022-07-13T13:27:54+10:0012/05/2021|Injury, Motor Vehicle|

We went to Court to prove our client was not at fault in a car accident

Revolution Law’s very first client, Dane, is one of the nicest of guys. Sadly in 2015, Dane was involved in a catastrophic head-on collision with another vehicle while traveling along Bribie Island Road.

His accident is a testament to why we have Compulsory Third Party (CTP) insurance in Australia which protects drivers who are not at fault in an accident. Our role as personal injury lawyers is to ensure the best possible compensation outcome for victims of road accidents. The heartbreaking reality is that victims of tragic car accidents have their lives forever changed through no fault of their own. No amount of money can truly compensate for the pain, the grief, and complete change of life that a victim and their community circle must go through.

Compensation is a monetary value that allows a victim to live life without suffering a financial burden due to a car accident. As with all personal injury claims, Dane’s matter had a mediation conference. In most cases, it is at this conference where the claim settles, and the compensation figure established. However, if mediation is unable to be reached, then a claim commences to Court proceedings.  In Dane’s case, the matter proceeded even further to trial.

Heard at the Supreme Court of Queensland in May 2020 with the purpose of establishing whether the collision occurred because of the negligence of the other driver or whether any failure on the part of Dane caused or contributed to the collision. At this trial, the Court found that the other driver breached the duty of care as a fellow road user, which resulted in the car collision. The collision was found not to be caused or contributed to by any negligence from Dane. A terrific outcome for Dane, but unfortunately it was appealed by the other driver.

This appeal saw this case back to the Supreme Court of Queensland in the Court of Appeal with the hearing held in September 2020. The judge reviewed the extensive evidence and submissions supplied by both parties, and once again, Dane was established not at fault for the accident. The verdict of the earlier judgment was upheld, and the appeal was dismissed. As a result, justice for Dane was achieved, allowing for future monetary compensation to reflect the establishment of liability.

Thankfully, personal injury claims very rarely end up in the Courts. What is essential to take away from this is that having the right Lawyer is crucial in determining whether proceeding to Court will result in the best outcome. If this is a case, you want a lawyer who not only understands your position but has the experience and enthusiasm not to shy away from a fight.

Manton v Harris & Anor [2020] QSC 102 Hearing Date: 5 May 2020,

Harris v Manton & Anor [2020] QCA 241 : Hearing Date: 21 September 2020,

What To Do When A Car Accident Is Not Your Fault?

2022-06-28T18:11:21+10:0021/01/2021|Motor Vehicle, Tips & Tricks|

What To Do When A Car Accident Is Not Your Fault?

So, you have been unlucky enough to end up in a motor vehicle accident at the fault of the other driver. It is understandable to feel overwhelmed and stressed, but there are some steps that need to be taken to ensure you can seamlessly make a claim, especially if you are uninsured.

To make things easier we have put together a list of our top 10 tips about motor vehicle property damage and who to call when you need help.

Stay at the scene & call an ambulance is necessary

Once an accident occurs you need to stop and stay at the scene of the accident. If you or the other driver/s are injured, then call 000 and request an ambulance to the scene of the accident.

Call the police

Even if you do not think the accident is that serious, it is important to call the Police if any involved parties are injured, if vehicles need to be towed, or if you estimate the damages are in excess of $3000. If they do not attend then you should still report the accident.

Obtain as many details as possible

While you wait for emergency services to show up try to gather as many contact details as possible. Important information includes full names and addresses, registration details, phone numbers, and insurer details. If there are any witnesses also try to obtain a witness statement and contact details from them. Taking photos of the accident from a variety of angles is also important for insurance purposes.

Contact the at fault driver

If the at fault driver is insured and puts in a claim then you can expect to hear from their provider. It is common for providers to request quotes for the damage incurred to your vehicle or other information to help with the claims process. If the at fault driver does not make a claim then you can take steps yourself. Even if you are uninsured you are still able to make a claim for compensation. The first step is to send the driver a Letter of Demand. This letter requests that the individual responds by a specific date and includes quotes that you have obtained from licensed motor vehicle repairers.

Driver refusing to respond?

If the at fault driver refuses to respond to your letter of demand then you can contact their insurance provider.  They will assess the police accident report, witness statements, and any photo or video evidence from the scene. You also have the option to take legal action. The experienced team at Revolution Law can help you with your car accident or property damage claims.

It is better to be prepared for the worst. By following these steps, you should hopefully be less stressed if you unfortunately end up in an accident. If you have any other questions simply get in touch with our friendly team today for an obligation free quote or for a chat.

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