Pain and suffering compensation for car accidents, also known as general damages or non-economic loss, is a lump sum payment awarded to individuals who have suffered serious physical and psychological damage as a result of a motor accident. Not everyone is entitled to pain and suffering compensation, so it is important to understand who is eligible and what you need to do to lodge a successful claim.
What makes you eligible for pain and suffering compensation in car accident claims?
Eligibility for a lump sum payout due to pain and suffering from a car accident is dependent on a few factors. If you’ve been injured in a motor accident you can claim pain and suffering if:
- You did not cause the accident and were declared not at fault
- Your injuries were assessed as ‘non-minor’
- Your ‘whole person impairment’ or WPI is more than ten percent
Therefore, if you are looking to lodge a claim for pain and suffering after a vehicle accident it is important to understand the differences between minor and non-minor injuries.
What is the difference between minor and non-minor injuries?
In order to claim pain and suffering compensation your injuries need to be assessed as non-minor. While this assessment needs to be done by a trained medical professional, minor and non-minor injuries can generally be recognised as:
- Minor physical injuries: are generally minor soft-tissue or muscle injuries. A good example of this is neck pain caused by whiplash from the accident.
- Minor psychological injuries: can be recognised as psychological injuries that are not assessed as a recognised psychiatric illnesses.
- Non-minor physical injuries: injuries that cause lasting damage such as fractures, nerve damage, rupture of a ligament or tendon and organ damage that requires medical intervention to treat and stabilise
- Non-minor psychological injuries: diagnosed psychological illnesses caused by the accident such as PTSD or depression.
What can you do if your injuries were incorrectly assessed as minor?
Your injuries being assessed as non-minor is one of the requirements for claiming pain and suffering compensation after a motor vehicle accident. If your injuries were assessed as minor you may be able to have them reassessed for a number of reasons including:
- One of your injuries was overlooked during your assessment that would have placed you in the non-minor category.
- Your injury has deteriorated over time and developed into a non-minor injury.
- You have developed a non-minor psychological injury since your assessment due to the accident.
If my injuries are greater than 10 percent whole person impairment what am I entitled to and how is it calculated?
When claiming pain and suffering, the impact that the accident has had on your life will be considered in determining the amount of compensation you are awarded. In general:
- The maximum amount that can be awarded for pain and suffering is $590,000 as at 1 October 2020. This amount is reserved for the most serious of injuries, for example an 18 years old that has suffered severe spinal or brain injuries. There is case law on the amount that is typically awarded according to your injuries and disabilities.
- The impact that it has had on your enjoyment of life including previously enjoyed hobbies, etc.
- The likely duration of your pain and suffering and whether your condition will deteriorate in the future.
- The impact that your injuries have and will have on the amenities of life.
Consider reaching out to a lawyer to handle your claim. A lawyer can help explain the process, guide you through each step and ensure that you maximise your chances of a successful outcome.