Lodging a compensation claim can sometimes be a very long and protracted journey with no end in sight. As the claim progresses the question arises, “after this process how much compensation will I get when I settle my claim?”. This is a common question that every claimant would like their lawyer to answer with certainty and accuracy. Unfortunately, it is a question that can sometimes leave a claimant with more questions.
As a general rule the amount of compensation that one can be awarded depends on the severity of the injury. It is important to assess how the injury affects you in the workplace and in your day to day activities.
‘Head of Damages’ used when determining compensation
Generally, there are three main heads of damages that will be assessed in all compensation claims:
1. Pain and suffering – Pain and suffering is assessed under both the Civil Liability Act (Qld) and the Civil Liability Act Regulations (Qld). The amount of compensation under this head of damage will be determined by the type of injury and the level of impairment awarded by your treating medical specialist.
2. Medical expenses – The amount of compensation under this head of damage will be determined by the amount of money you spend from the date of the accident until settlement. This head of damage will also incorporate any future medical expenses recommended by your treating medical specialist which may include future surgery, physiotherapy and/or medication.
3. Economic Loss – The amount of compensation under this head of damage will depend on your capacity to return to work and your time off from work following your accident.
Every case is different and therefore every award of compensation will be different.
If you have sustained personal injury and would like to discuss lodging a compensation claim, contact our offices for a free consultation with one of our personal injury lawyers. You can contact our office on (07) 3252 0011 or through our general enquiries page.