Obviously this is one of the most important questions when looking into whether you have a personal injury claim, or whether it is worthwhile to bring a claim for injury compensation. The questions we are often asked are, "what will my compensation payout be ?" or "what sort of compensation am I entitled to?".
What is considered when calculating your injury compensation payout
The amount of compensation you will receive for your injuries will depend on the extent of your injuries and how much your injuries have affected your pre-injury lifestyle, activities of daily living, and employment. Whether your claim will be one worth pursuing, will depend on:
- Whether your injuries have resulted in ongoing symptoms, that is, do you have ongoing pain, spasm, altered sensation, restriction or loss of function because of your injuries;
- Whether your injuries interfere with your activities of daily living. For example, do your injuries interfere with you looking after your own grooming and personal care , or with cleaning and maintaining your home, vehicle or garden. Do you need help with these tasks now?
- Whether your injuries interfere with the social or recreational activities you used to enjoy doing previously, before you sustained your injuries. For example, you may no longer be able to go dancing with your partner, or fishing with your mates, or if you do try to do these activities, you suffer pain afterwards so you have limited your participation in such outings or you just don't do them at all anymore;
- Whether you need ongoing treatment or medications for your injuries. For example, you need to take pain medication or anti-inflammatories regularly, or your doctor tells you that surgery will be needed in the future for your injuries, or you find you need physio or massage regularly to help relieve pain and spasm caused by your injuries;
- Whether you need medical aids, ergonomic devices or modifications to your home or vehicle because of your injuries now. For example, you may need long handled pick up sticks, orthotics for your footwear, back supports or braces, a walking stick or ramps in your home because you need a wheelchair;
- Whether your injuries will interfere in some way with you undertaking your employment. For example:
- Do your injuries cause you pain whilst doing your work;
- Are you unable to peform certain work duties because of your injuries;
- Do you need to reduce your work hours because you are limited by your injuries; or
- Are you no longer able to work in your normal employment or at all?
- Age - the longer you will have to endure your injuries and the problems you experience because of them, the more compensation you will receive. Similarly. the longer your injuries impact on your capacity to earn an income, the more compensation you are likely to receive and the same thing applies with future medical treatment needs and the need for care and assistance in a claim;
- Your health prior to you sustaining your injuries - obviously a fit, healthy person who sustains injury in an accident will receive greater compensation than a person who had a lot of medical problems that already caused them restriction in what they could do prior to sustaining their accident injuries.
In the majority of cases, a compensation claim will be worth pursuing, even if you contributed to the accident or injury in some way
Generally speaking however, if you have suffered injury due to the fault of another, whether in a motor vehicle accident, an accident at work, an incidence of medical malpractice or a slip and fall in a public place, then in the majority of cases, even with a minor injury, it is very likely you will have a personal injury claim worth pursuing. And this will most likely be the case, even if you think you may have contributed in some way to your injury occurring.
And this is particularly so if it is the case that:
- You sustained a serious injury;
- You sustained an injury, even a minor injury, that interferes with your work in some way. For example:
- Your injury causes you pain whilst doing your work;
- Stops you from being able to do your work duties in some way;
- Reduces your capacity to work your normal hours;or
- Means you will have to take time off here and there for flare ups in the future;
- You sustained an injury, even a minor injury, that results in you needing assistance with your personal care or your domestic duties (ie. your personal care tasks, or tasks involving cleaning and maintaining your home, motor vehicle or yard).
Even in cases of minor injury, a compensation claim is worth pursuing
- A 53 year old lady, who worked as a data processor, sustained a minor whiplash injury to her neck, when involved in a motor vehicle accident at Highgate Hill in Brisbane on her way to work. A car just suddenly pulled out in front of her, leaving her no time to stop and a collision occurred. We will call this lady "Carol" for the purpose of our story.
- Carol had a couple of days off work following the accident and after a few weeks her neck injury seemed to resolve. She told us that she would still get some niggles of pain and a stiff neck if she did a lot of exertive activity and her neck would get a bit stiff and sore by the end of her shift doing her data processing work. Carol was not certain if she wanted to bring a claim but finally she made the decision to do so.
- Carol settled her claim with the CTP insurer of the at fault vehicle, receiving $110,000 in compensation for her whiplash injury and was very pleased that she ended up bringing her claim. She said it meant she could now take time off when she needed because she had that compensation to fall back on.
There is no stress or hassle involved when you have the best personal injury lawyers on your case
No Win No Fee Personal Injury Lawyers providing free legal advice about injury compensation, with Head Offices in Brisbane & Gold Coast
Do you want to know more about how to calculate your compensation payout or how damages awards are assessed?
If you would like to know more about how an insurer and a Court will calculate your injury compensation or damages award, go to our article at the link: What injury compensation am I entitled to receive for my injuries?