In Queensland, personal injury claims are calculated based on a number of factors including medical expenses, loss of income (past and predicted future losses) and pain and suffering.
Calculating the value of personal injury claims is not a one size fits all process, but rather depends on several defining factors with direct impact on the amount. These include:
Let's take two realistic scenarios for two people suffering the same type of injury:
Scenario 1: The first involves a 25-year-old electrician named Jack who recently sustained a shoulder injury in a car accident. This injury hinders his ability to perform manual tasks which are crucial to his job. Jack's vigorous recovery process is likely to last for a year, and his specialists have suggested he could permanently lose 30% of his upper-body strength. Therefore, his capacity to earn an income in his current work may be affected for an extended period, if not permanently. This scenario is likely to significantly raise the value of Jack's claim resulting from the accident.
The second scenario considers Jane, an 63-year-old university lecturer who suffered an identical shoulder injury from a car accident. Despite her injury's similarity to Jack's, the impact on Jane's work life is minimal as her occupation is less physically demanding. Additionally, Jane is nearing retirement and her loss of future income is less extensive when compared with Jack. Therefore, while Jane's claim will account for medical costs and personal suffering, it will be considerably less than Jack's claim due to her approaching retirement and the smaller impact on her working life.
Even though two people may suffer the same injury, the financial impact on their jobs, future recovery needs, and their age could result in dramatically different claim values.
This highlights the complexity of calculating personal injury claims. Getting professional legal advice will allow your individual circumstances to be assessed.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or chat via live chat to talk to one of our Lawyers today.