In personal injury law, understanding the heads of damages meaning is vital, as it will help your chances of receiving the most amount of compensation for injuries you’re eligible for. Heads of damages are the specific categories in a compensation claim that the court assigns a monetary value. Together, these categories form your total compensation or “damages”. They are:
Essentially, compensation for pain and suffering refers to any physical or psychological suffering or distress, any increased pain and anxiety post-accident, and the loss of the ability to engage in everyday activities.
Pain and suffering compensation is the only element in a claim for damages related to the actual injuries themselves and is capped under Queensland legislation. The other heads of damages focus on financial losses and increased costs created by the accident’s injuries, such as medical expenses and any past or future economic losses.
Economic loss refers to both past and future loss of income as a result of the injuries you sustained in the accident. What is monetary loss in a compensation claim? Well, in many cases, those who have suffered injuries experience limits to their ability to perform everyday functions in the workplace, affecting their capacity to earn. When calculating economic loss, the court assesses your pre-accident net average monthly wage to calculate your average salary. This figure will generally be multiplied by the time you were unable to work to calculate your loss of weekly earnings.
When claiming for economic loss, there is a lot to take into consideration, such as:
Interest on any economic loss or accident-related expenses (such as past medical expenses, care, and pain and suffering) can be claimed from the date your injuries occurred to the date your claim is resolved.
You’re also eligible to claim any superannuation loss associated with a loss of past income.
Your lawyer will help you understand the importance of each of the above points and how they can contribute to the total sum you may be entitled to.
You can be compensated for any help with domestic, personal care, vehicle or home maintenance tasks. After an accident, it’s not uncommon for simple, everyday tasks (such as getting out of bed, showering, driving, shopping, and more) to become difficult to carry out. Any expenses for care and assistance you require post-accident from friends, neighbours, relatives or through a service provider, can be compensated for in your claim.
Any past and future medical expenses related to the injuries sustained in your accident are compensable. If you have or will have to pay for medical treatments, rehabilitation, physiotherapy, medications, medical equipment, changes to your vehicle or home, or any other reasonable costs due to your injuries, you’re entitled to include these costs in your claim for compensation.
Separate from medical expenses, you are also entitled to claim for the cost of any aids or equipment required for your injuries. For example, if you sustained a spinal injury and, as a result, require a wheelchair, specialised clothing, home ramp access, vehicle modifications, and more, you can claim compensation for the cost of these items and services under this heads of damages definition.
Since 1983, TPIL Lawyers have been providing Queenslanders with legal assistance for TPD and personal injury claims. Our accredited specialists are dedicated to helping you receive the best possible outcome for your case, all under our no-win, no-fee guarantee.
Our lawyers all operate on a no-win, no-fee basis, meaning that if your case isn’t successful for whatever reason, you don’t owe us anything. TPIL Lawyers absorb all outlay and associated claim expenses so that you can get the legal help you need without having any added financial stress. You’re also covered by the ‘50/50 rule’, which comes into play if the settlement amount is lower than the legal fees or if the legal fees become exceptionally high. This rule makes sure you receive a fair portion of your damages at all times.
Thinking of making a claim but not sure whether you’re eligible? Try our free, 30-second compensation checker below to find out! Not only is it quick and easy, but our lawyers will be able to get in touch with you to provide a free claim assessment and discuss your estimated compensation payout.
If you have any more questions about compensation for damages or want to discuss making a claim, get in touch with us or call 1800 948 498.
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Our Managing Director, James, has represented clients who, through no fault of their own, have suffered as a result of somebody else’s actions. Imagine finding yourself hurt and then having an insurer make you jump through hoops before you can get access to much needed treatment. James has seen it all.
Connect with James on Twitter @QLDLawyer
