Suffering an injury, whether in a car accident, workplace incident, or public setting—can turn your life upside down. Beyond the physical harm, many people experience emotional and psychological distress that lingers long after the incident. These non-economic impacts are often referred to as pain and suffering, and they form a key part of personal injury compensation in Queensland. This article breaks down how the awards for pain and suffering are determined in personal injury cases in Queensland.
What Is Pain and Suffering?
Pain and suffering, also referred to as General Damages in Queensland, refers to the broader consequences of an injury that aren’t easily measured in dollars and cents; it can include:
• Physical pain and long-term discomfort
• Emotional trauma, anxiety, and depression
• Loss of enjoyment of life
• Scarring or disfigurement
• Reduction in quality of life and independence
In Queensland, these damages fall under general damages, which are determined based on the severity and long-term impact of your injuries.
How Is Pain and Suffering Compensation Calculated?
Often in a personal injury claim, the injured person will be required to undergo an Independent Medico-Legal Examination at the hand of a relevant specialist. The specialist will usually provide a Degree of Permanent Impairment as a percentage. The percentage given is then used to calculate the ISV and associated dollar amount.
Under Queensland’s Civil Liability Act 2003, or Workers’ Compensation and Rehabilitation Regulation 2014 pain and suffering is assessed using the Injury Scale Value (ISV) system. Each type of injury is assigned a value between 0 and 100, with higher values indicating more severe and life-altering injuries. This score is then translated into a dollar figure using a compensation table. For example:
• A minor injury may attract compensation around $20,000.00
• A serious injury might result in a payout nearing $80,000.00
• In extreme cases, awards can exceed $150,000.00
These amounts are averages, and every case is unique—so your outcome will depend on your specific circumstances.
Can I Claim for Pain and Suffering After a Car Accident?
Yes – if you have been injured in a road accident caused by someone else, you can lodge a CTP claim. Your pain and suffering will be evaluated as part of that claim, using the ISV system. The same approach applies in WorkCover claims, where compensation for general damages may be available if your employer’s negligence contributed to your injury.
What Evidence Do You Need?
To claim successfully, you will need to prove not only the existence of your injury, but also its impact on your daily life. Steps you can take include:
• Getting medical treatment and specialist reports
• Keeping detailed records of how the injury affects your work, relationships, and hobbies
• Maintaining receipts and documents for expenses and lost income
• Obtaining a psychological evaluation, if you are suffering emotional trauma
• Undergoing Independent Medico-Legal Examinations with a specialist relevant to your injury.
Key Time Limits for Personal Injury Claims in Queensland
Strict time limits apply. In most personal injury cases in Queensland, you must commence legal action within three years of the injury. For WorkCover claims, a six-month deadline applies for lodging your initial application. If you or someone you love is struggling after an injury, contact us today. We offer a no win, no fee guarantee and personal support every step of the way.
If you have any queries regarding the article, please contact via Free Claim Checker or email us.
