Pain and suffering compensation claims

Commonly asked questions about pain and suffering personal injury claims

Pain and suffering claims might include compensation for a range of factors.

  • Actual pain and suffering
  • Future pain and suffering as a result of the accident
  • Inability to participate in former activities, such as sport or hobbies.
  • Impacts on functional capacity
  • Psychological injuries, such as stress, depression or post-traumatic stress disorder
  • Loss of enjoyment and amenity of life
  • Disfigurement

There is no clear-cut answer to the question of how pain and suffering claims are calculated. Different jurisdictions deal with pain and suffering claims differently. For example, workers compensation, motor accident, common law, Civil Liability Act, Australian Consumer Law and pure mental harm cases have various caps and thresholds that modify or limit claims for pain and suffering.

We look to previous decisions for guidance on how similar cases were decided. Calculating a claim involves assessing where on the scale an injury lies by analysing a range of factors:

  • Severity of the pain and suffering, injury or damages
  • Any pre-existing conditions, disabilities or other factors that may have an impact on your life, particularly in the future (for example, pre-existing degenerative conditions)
  • How the injury has affected your lifestyle
  • Past and future treatment required as a result of the injury, particularly where that treatment may be painful, invasive or distressing
  • Inability to perform various tasks and functions
  • Primary and consequential psychological difficulties such as adjustment disorders, post-traumatic stress disorders (PTSD), anxiety and depression
  • Your age and life expectancy

Yes. In Australia almost all jurisdictions have enacted a maximum that can be claimed by way of non-economic loss. In addition, depending on the law governing your claim, there may be minimum thresholds and objective tests that you may be required to meet before any claim can be made.

It is important to seek legal advice in relation to the caps and thresholds that apply in your particular circumstances.

Our experts



Can you claim workers compensation for Covid if you’re infected at work?
26 Oct 2021
With the coronavirus lockdown coming to an end, many employers and building ...
Read More
Does a smack on the bottom constitute common assault?
14 Oct 2021
Annabel Bassil was managing a Sydney bar when a man she didn’t know smacked ...
Read More
Can a dying declaration be admitted in evidence?
01 Sep 2021
A man is shot and lies dying on the floor in a pool of blood. He’s discovered ...
Read More
Domestic coercive control could soon be criminal in Australia
26 Aug 2021
Domestic abuse in the form of coercive control could soon be a criminal act ...
Read More
Sexual consent law reform in NSW: a nod’s as good as a wink on a blind date
21 Jul 2021
In May 2021 the Attorney-General Mark Speakman announced the reform of sexual ...
Read More
Proposed child abuse compensation laws in NSW give survivors some hope of justice
13 Jul 2021
Survivors of institutional child abuse will be able to overturn unfair ...
Read More
Government cannot ignore impact of climate change on children when approving coal mine expansion
17 Jun 2021
In what has been hailed as a worldwide landmark judgement, in May 2021 the ...
Read More
What are police powers to arrest and strip search in NSW?
14 May 2021
In 2019 the High Court ruled that police cannot arrest people solely for the ...
Read More
Unable to work? You might be able to claim on your super insurance
21 Apr 2021
Many people who are suffering hardship are unaware they could get financial ...
Read More
Horseplay in the workplace leads to $662,102 in damages
23 Mar 2021
A certain amount of joking, skylarking and horseplay in the workplace is usually...
Read More
What is “duty of care” if you are injured?
18 Feb 2021
A recent duty of care case involved a man who was walking inside The Star casino...
Read More
Drink driving licence suspension in NSW – is it worth challenging?
03 Dec 2020
Penalties for drink driving and drug driving were fortified considerably in 2019...
Read More

Why Stacks

No Win No Fee
If we don’t achieve a successful outcome for you then we won’t charge you any fees. For full disclosure about this offer, see here
First consultation free
Contact us today and together we can help you work out what your next steps might be... in confidence, at no cost and with no obligation
Hundreds of successful claims every year
Our team of personal injury lawyers are experts in this field of law (many are Accredited Specialists)
Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931
Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve
Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Complete the form and one of our experts will get back to you within 24 hours.

Reach out

Fill out this form and one of our local law professionals will be in contact

By submitting this form you agree to the terms of our Privacy policy