Calculating Pain and Suffering Settlements in Queensland

Have you been injured in an accident that wasn’t your fault? Are you struggling with physical pain, emotional distress, and a loss of enjoyment in life? If so, you may be entitled to a pain and suffering settlement as part of your compensation claim. But how are these settlements calculated in Queensland, and what can you expect? In this article, let’s consider the details you need to understand this.

Understanding Pain and Suffering Damages

Pain and suffering damages, also known as non-economic damages, are intended to compensate you for the intangible losses you’ve experienced due to your injury. These losses can include physical pain, emotional distress, mental anguish, loss of enjoyment of life, and even disfigurement or scarring. While economic damages like medical expenses and lost wages are relatively straightforward to calculate, pain and suffering damages are more subjective and can vary significantly from case to case.

Pain and suffering can be categorised into two main types:

1. Physical Pain and Suffering: This refers to the actual physical discomfort, pain, and limitations that you experience as a result of your injuries. It includes bodily pain, aches, and any discomfort caused by the injury itself and the subsequent medical treatment. Examples include fractured bones, burn injuries, spinal cord injuries, soft tissue injuries, chronic back pain, and post-surgery discomfort.
2. Emotional and Mental Pain and Suffering: This refers to the psychological and emotional distress you go through due to the accident or injury. It can include anxiety, depression, stress, fear, and trauma. Emotional pain and suffering can also involve the loss of enjoyment of life, the impact on your mental well-being, and the emotional toll of adapting to changes brought about by the injury.

Calculating Pain and Suffering Compensation in Australia

In Australia in general, pain and suffering compensation is calculated by comparing the impact of your injury to the most extreme cases (MEC), which are the worst possible scenarios. Most extreme cases may include someone who’s paralysed from the neck down or has significant brain damage. These extreme cases are used as a reference point to determine how much compensation is fair for someone with a less severe injury.

Consider the figures below to see how much compensation for pain and suffering you may receive according to the comparison of your injuries against the most extreme cases:

% of Most Extreme Cases	Compensation
1 – 14%	No entitlement
15 – 20%	$7,000 – $24,500
21 – 30%	$28,000 – $162,000
31 – 40%	$183,500 – $282,000
41 – 50%	$289,000 – $352,500
51 – 60%	$359,500 – $423,000
61 – 70%	$430,000 – $493,500
71 – 80%	$500,500 – $564,000
81 – 90%	$571,000 – $634,500
91 – 100%	$641,500 – $705,000

*Based on Section 16 of the Civil Liability Act 2002 No. 22

However, take note that these are just ballpark figures. For a more accurate understanding of what you might expect in terms of compensation, speak with our personal injury lawyers who can provide you with personalised advice and help you understand what compensation you are entitled to pursue.

Calculating Pain and Suffering Damages in Queensland

In Queensland, pain and suffering damages are governed by the Civil Liability Act 2003 and the Workers’ Compensation and Rehabilitation Act 2003. These Acts use an Injury Scale Value (ISV) system to assess the severity of an injury and determine the appropriate compensation. Here’s how it works:

1. Your injury is assigned an ISV between 0 and 100, with 100 being the most severe.
2. The ISV is based on the specific nature of your injury and its impact on your life.
3. The ISV is then converted into a monetary value using a compensation table in the relevant Act.

For example, let’s say your injury has been assigned an ISV of 50. According to the Civil Liability Regulation 2014, which sets out the compensation amounts for each ISV range, an ISV of 50 would entitle you to pain and suffering damages of $153,690 (as of July 1, 2022).

Here’s a sample table showing the pain and suffering compensation amounts for various ISV ranges in Queensland:

ISV Range	Compensation Amount
0 – 10	$0 – $16,820
11-20	$16,820 – $40,980
21-30	$40,980 – $71,400
31-40	$71,400 – $106,260
41-50	$106,260 – $153,690
51-60	$153,690 – $202,430
61-70	$202,430 – $262,130
71-80	$262,130 – $332,760
81-90	$332,760 – $394,350
91-100	$394,350 – $477,140

Please take note that these amounts are adjusted annually to account for inflation.

Thresholds and Caps on Pain and Suffering Damages

In some cases, there are thresholds and caps on pain and suffering damages in Queensland. For example:

1. If your ISV is assessed at less than $21,500 (as of July 1, 2022), you may not receive any pain and suffering compensation.
2. For motor vehicle accident claims, you must have suffered a serious injury, such as one resulting in at least a 30% permanent impairment, to be eligible for pain and suffering damages.
3. The maximum pain and suffering damages payable in Queensland is $477,140 (as of July 1, 2022), which is reserved for the most catastrophic injuries with an ISV of 100.

Proving Your Pain and Suffering

To successfully claim pain and suffering damages, you’ll need to provide evidence of your injury and its impact on your life. This may include:

1. Medical records and reports
2. Photographs of your injuries
3. Witness statements
4. Personal testimony about your pain and suffering
5. Expert opinions from medical professionals, psychologists, or vocational specialists

It’s crucial to work with our experienced personal injury lawyers who can help you gather the necessary evidence and build a strong case for your pain and suffering claim.

The Role of Medical Assessments

In many cases, you’ll need to undergo an independent medical examination to assess the severity of your injury and its impact on your life. These examinations are typically conducted by medical professionals who specialize in evaluating personal injury claims. Their reports will be used to assign an appropriate ISV to your injury and determine your pain and suffering compensation.

Time Limits for Making a Claim

It’s essential to be aware of the time limits for making a personal injury claim in Australia. In Queensland, you generally have three years from the date of your injury to commence legal proceedings. However, there are some exceptions, such as for injuries sustained as a child or in cases of delayed diagnosis. It’s always best to seek legal advice as soon as possible after your injury to ensure you don’t miss any critical deadlines.

The Importance of Seeking Legal Advice

Navigating pain and suffering settlements can be overwhelming, especially when you’re already dealing with the physical and emotional aftermath of an injury. That’s why it’s crucial to seek the advice and guidance of our experienced personal injury lawyers at ROC Legal. Our skilled lawyers can help you:

1. Understand your legal rights and options
2. Gather the necessary evidence to support your claim
3. Negotiate with insurance companies on your behalf
4. Represent you in court if needed
5. Fight for the maximum pain and suffering compensation you deserve

If you’ve been injured due to someone else’s negligence in Australia, you may be entitled to a pain and suffering settlement as part of your compensation claim. These settlements are designed to acknowledge the intangible losses you’ve suffered and help you move forward with your life. By understanding how pain and suffering damages are calculated, the factors that can influence your settlement, and the importance of seeking legal advice with us, you can take the first steps towards securing the compensation you deserve.

Book a Consultation

Take action today and contact our personal injury lawyers at ROC Legal to discuss your case. With our expert legal support and guidance, you can focus on your recovery while we secure the compensation you’re entitled to. 

Call us: 1300 196 219