In Queensland, you are entitled to be compensated for a number of different categories of damages in a successful personal injury claim. One of these categories is known as “general damages”, which is compensation for the pain and suffering, both physical and psychological, that your injury has caused you.
In assessing an entitlement to pain and suffering compensation, a court is required to assess an “injury scale value” (ISV) by reference to the applicable legislation, which is either the Civil Liability Regulation 2014 or, in the case of a common law work injury damages claim, the Workers Compensation and Rehabilitation Regulation 2014. The ISV range will vary, depending on the body part that has been injured (in the case of a physical injury), the nature of the injury and whether multiple injuries have been sustained.
The court may also have regard to other matters to the extent that they are relevant in a particular case, such as your age, life expectancy, pain and suffering, loss of amenities of life, the effects of any pre-existing condition and the difficulties in life which were likely to have emerged whether or not the injury had happened.
The circumstances of your accident are relevant when assessing the value of your claim for pain and suffering, because the legislation differs depending on the type of claim you may have.
If you have suffered injury which you believe has been caused by the fault of another party, you may be entitled to claim pain and suffering compensation on the basis of negligence.
Even if you cannot prove fault on the part of another party, you may be entitled to make a claim for total and permanent disability which is made against your superannuation fund.
It is important that you seek early legal advice regarding your potential entitlement to compensation. A compensation lawyer from Stacks Law Firm can help you by explaining how the law operates in Queensland and what your potential entitlements may be.