One of the first questions almost every injured person asks is: “How much is my claim worth?”
It is a reasonable question, however, but it is also one that genuinely cannot be answered without knowing the specifics of your case.
The following is what actually determines the value of a personal injury claim in Queensland.
Why There’s No Standard Payout Amount.
Compensation is not calculated from a fixed table or simple formula.
Instead, every claim is assessed on its own facts, and two people with what looks like a similar injury, can end up with very different outcomes depending on their individual circumstances and the evidence in their claim.
Anyone quoting a guaranteed dollar figure before reviewing your claim in detail is not giving you an accurate picture. Speaking with compensation lawyers early can help ensure your claim is valued accurately from the outset.
What Factors Actually Affect Your Compensation
1. Severity and Permanence of the Injury
More severe and longer-lasting injuries generally attract higher compensation, particularly where there is a permanent impairment. A formal impairment assessment, and strategically adduced evidence to inform that assessment, often plays a significant role in valuing a claim.
2. Impact on Income
This includes:
- Income already lost since the injury; and
- Loss of future earning capacity into the future.
3. Medical and Treatment Costs
Both expenses already incurred and reasonably anticipated future treatment, rehabilitation, and care costs all form part of the assessment of the quantum of the claim.
4. Pain and Suffering
Compensation for the non-financial impact of an injury, being the injury itself, as well as the pain, discomfort, and loss of enjoyment of life, is assessed against the relevant legislation based on the severity and duration of the impact, which is informed by the medical evidence in the claim.
5. Domestic and Care Needs
If you need help with tasks you previously managed yourself, whether through paid care or assistance from family, this can form part of a claim provided legislated minimum thresholds are met.
6. Liability and Contributory Negligence
If fault is disputed, or if you’re found to have contributed to the incident in some way, this can reduce the amount of compensation you ultimately recover, even where your injuries are significant. It is, therefore, important to rebut any allegations of contributory negligence as this can have a significant adverse impact on the ultimately outcome in the claim.
7. The Type of Claim
Compensation frameworks differ between claim types:
- A WorkCover statutory claim is a no fault system which pays weekly benefits and medical expenses under a set formula;
- A common law damages claim whether arising from a workplace injury, car accident, or public liability incident, can include pain and suffering and future loss, but requires establishing negligence
Why Online Calculators and Rules of Thumb Fall Short
Compensation calculators and “average payout” figures circulating online can be misleading. They cannot account for the specific medical evidence, your individual work and income history, or how liability plays out in your particular case. A genuinely accurate estimate requires compensation lawyers to review your medical records, your income evidence, and the circumstances of the incident.
Because so much of a claim’s value depends on evidence and negotiation, self-representing to work out how much you may recover carries real risks in any personal injury claim, such as:
- Undervaluing the claim: Without experience assessing future loss, future care, and pain and suffering, it is easy to settle for less than a claim is genuinely worth;
- Accepting early settlement offers: Insurers may offer a figure before the full extent of an injury is known and often well below the claim’s eventual value.
- Missing evidence that affects value: Medical reports, income records, and care evidence all need to be properly compiled and presented to support a claim’s true worth.
- Negotiating against an experienced insurer: Insurers have dedicated claims teams whose job is to settle for as little as possible and there is a significant disadvantage in negotiating without equivalent expertise on your side. Working with personal injury or compensation lawyers helps level the playing field when negotiating your claim.
Get an Accurate Assessment of Your Claim
The only reliable way to know what your claim might be worth is to have it properly assessed. Fisher Dore Lawyers are dedicated to assisting clients to maximise their compensation. Please contact us to book an initial consultation and to access strategic guidance aimed at maximising your compensation and avoiding the pitfalls of navigating the process alone. As dedicated compensation lawyers and workplace injury lawyers, we work to secure the best possible outcome for your claim.
We act on a no win, no fee basis, so there is no upfront cost to find out where you stand.
This is general information only and does not constitute legal or financial advice. The value of any claim depends on its individual circumstances. Please speak to a lawyer for an assessment specific to your situation.
Frequently Asked Questions About TPD Claims in Queensland
Q: How much compensation will I get for my personal injury claim? A: There’s no fixed amount and compensation depends on factors including injury severity, income loss, medical costs, pain and suffering, and whether liability is disputed. A personal injury or compensation lawyer can and should assess your specific circumstances.
Q: Can I use an online compensation calculator to estimate my payout? A: Online calculators can’t account for the specific evidence and circumstances of your claim, so they should be treated as a rough guide only, not a reliable estimate.
Q: Does contributory negligence reduce my compensation? A: Yes, if you’re found to have contributed to the incident, your compensation can be reduced accordingly, even where your injuries are significant.
The only reliable way to know what your claim might be worth is to have it properly assessed. Contact us today for an assessment of your claim and to access strategic guidance aimed at maximising your compensation and avoiding the pitfalls of navigating the process alone. We act on a no win, no fee basis, so there’s no upfront cost to find out where you stand.
Fisher Dore Lawyers is a Queensland based law firm specialising in all areas of compensation and criminal law. Specifically in respect to our compensation team, we can assist with complex claims involving workplace injuries, medical negligence, motor vehicle accidents, public liability, assaults and battery and the like.
Whether your injuries are relatively minor or catastrophic in nature, it is important you obtain professional advice about your rights to ensure you receive the compensation you deserve.
Should you have suffered personal injuries in a motor vehicle accident and you wish to discuss your rights in respect to a claim for damages, please call our team of professional personal injury lawyers on 3236 1800.
Compiled by Michael Biscak | Special Counsel
