Pain and suffering refers to emotional and/or physical pain/stress caused by an injury and/or accident. These injuries are non-minor injuries and they are critical components of a compensation claim. This article will guide you on how pain and suffering applies in personal injury claims. Since each claim is unique and there are different types, it is always better to consult a personal injury lawyer to know your entitlements; our personal injury lawyers can assist you in determining your eligibility and advise you on how to claim maximum compensation to take into account all of your pain and suffering.
Compensation for pain and suffering after a car accident:
Car accident compensation for pain and suffering is a lump sum payment for your injuries. In order to claim pain and suffering you must not be at fault in the car accident and your injuries need to be assessed to be greater than 10% whole person impairment.
Compensation for pain and suffering after a workplace accident
Injuries that occur at work unfortunately do not include compensation for pain and suffering. However you do get compensated regardless of fault. An injured worker receives workers’ compensation benefits instead to cover the basic income medical and travel expenses. Injured workers are also entitled to claim compensation for lump sum depending on your whole person impairment and whether or not you are an exempt worker.
- Check our NSW Workplace Accident Compensation guide
- Check our WA Workplace Accident Compensation guide
TPD Superannuation compensation
If you are unable to work due to an injury or illness, you may also be entitled to TPD Superannuation to compensate. The payment amount depends on the type of your insurance cover. The law may seem complex, but our experienced TPD lawyers can help you simplify the legal process.
Calculating compensation for pain and suffering
There is no straight answer to the question of how to calculate compensation for pain and suffering. Claims like public liability claims and motor vehicle accident claims have different methods that apply. However what is similar is your circumstances due to the injury and their effect on your life.
A variety of elements play their role in compensation calculation which affect the amount:
- Amount and nature of the harm and suffering
- Your current age and life expectancy
- Anything that may affect your life in the future, such as a medical issue or disability (for example, pre-existing degenerative conditions)
- How your lifestyle has changed as a result of the injury
- Past and future treatment due to damage, especially if treatment is difficult or stressful.
- Failure to carry out a variety of duties and obligations
- Adjustment disorders, post-traumatic stress disorder, anxiety, and depression are examples of primary psychological problems.
Can I claim pain and suffering compensation without a lawyer?
Yes, you can. However, hiring a personal injury lawyer or handling it on your own can make a big difference in your claim; if you’re dealing with a business, an insurance company, or a lawyer for a third party, making a claim can be difficult because it is probably your first time making a claim whereas it is definitely not the first time the at fault party is defending the claim. This means that you are already at a disadvantage compared to the at fault party or their representation.
Handling your claim incorrectly may result in you receiving less compensation or not receiving anything or worse losing requiring in you having to pay for the legal costs of the party at fault. If the insurance company has the upper hand, you may settle for less. Even if you decide to handle your claim independently and employ a personal injury lawyer afterwards, the claims procedure can be complicated. All in all, we recommend consulting our personal injury lawyers before claiming compensation to ensure you are advised of your entitlements and how to claim them within the time limit.
Should you hire a pain and suffering lawyer?
Choosing pain and suffering lawyers that communicate in a straightforward manner is crucial. How will you know your lawyer is the right lawyer if you cannot understand them clearly and simply? Our lawyers pride themselves in breaking down the law lingo in a language that you can clearly understand and will answer your questions with straight forward advice. In order to maximise the pain and suffering compensation payout, a qualified lawyer will walk you through the law, all medical assessment process, costs, time limits and the procedure which we hope will provide you with peace of mind. Our personal injury lawyers have claimed millions in pain and suffering compensation claims. Our team work on a No Win No Fee basis; contact us for a free claim check today!
