Skip to content
withstand lawyers logo
  • Show content for:
New South Wales
  • 1800 952 898
Menu
  • Types of claim
    • TPD / Superannuation Claims
      • TPD Lawyers – Total and Permanent Disability
      • TPD Claim for Depression and Mental Illness
      • TPD Claim Guide
      • Superannuation Lawyers
    • Motor Accidents
      • Motor Vehicle Accident Lawyers
      • Car Accident Lawyers
      • Truck Accident Injury
      • Forklift Accident Injury
      • Motorcycle Accident Injury
      • Pedestrian Accident Injury
      • Public Transportation Accident
    • Workers Compensation
      • Workers Compensation Lawyers
      • Work Injury Damages Claim
      • Claims for Stress
      • Compensation for PTSD
      • Psychological Injury
      • Workplace Bullying
      • Construction Accident Injury
      • Health Workers Compensation
      • Industrial Deafness
    • Medical Negligence
      • Medical Negligence Lawyers
      • Cosmetic Surgery Compensation Claims
      • Operation Gone Wrong Claims
    • Public Liability
      • Public Liability Lawyers
  • About Us
    • Our Team
  • Testimonials
  • Contact Us
    • Sydney
    • Parramatta
  • Blog
  • How We Are Different
    • Our No Win No Fee Agreement
    • Personal Injury Claim Lawyers Guide
    • When Should I Settle My Personal Injury Claim?
    • Do I Have a Personal Injury Case?
    • Best Compensation Lawyers
  • Types of claim
    • TPD / Superannuation Claims
    • Motor Accidents
    • Workers Compensation
    • Medical Negligence
    • Public Liability
    • TPD Lawyers – Total and Permanent Disability
    • TPD Claim for Depression and Mental Illness
    • TPD Claim Guide
    • Superannuation Lawyers

    TPD Superannuation Claims.

    Unable to work due to injury or illness? You may be entitled to a lump sum payout regardless of the cause of the injury or illness. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

    • Motor Vehicle Accident Lawyers
    • Car Accident Lawyers
    • Truck Accident Injury
    • Forklift Accident Injury
    • Motorcycle Accident Injury
    • Cyclist Accident Injury
    • Pedestrian Accident Injury
    • Public Transportation Accident

    Motor Accident Injuries.

    If you have been injured in a motor accident (such as car, motorcycle, truck), you may be entitled to claim compensation. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

    • Workers Compensation Lawyers
    • Work Injury Damages Claim
    • Claims for Stress
    • Psychological Injury
    • Construction Accident Injury
    • Industrial Deafness

    Workers Compensation.

    If you have been injured during or on the way to or from work, you may be entitled to workers compensation for your injuries regardless of fault. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

    • Medical Negligence Lawyers
    • Cosmetic Surgery Compensation Claims

    Medical Negligence.

    If you have suffered injury as a result of medical advice or treatment, you may be entitled to making a compensation claim for medical negligence. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

    • Public Liability Lawyers

    Public Liability.

    If you have become injured in a public place you may be entitled to making a compensation claim for your injuries. Withstand Lawyers can help you claim on a No Win No Fee basis.

    Read more

  • About Us
    • Our Team
  • Testimonials
  • Contact Us
    • Sydney
    • Parramatta
  • Blog
  • How We Are Different
    • Our No Win No Fee Agreement
    • Personal Injury Claim Lawyers Guide
    • When Should I Settle My Personal Injury Claim?
    • Do I Have a Personal Injury Case?
    • Best Compensation Lawyers
Home Pain and Suffering settlement examples and stories.

Pain and Suffering settlement examples and stories.

Posted In Medical Negligence,Motor Accident Compensation,NSW,Public Liability,WA,Workers Compensation
Posted On October 11, 2021
Online Inquiry

IN THIS POST

  • What is Pain and Suffering in Compensation Claims?
  • Pain and Suffering in Motor Vehicle Accident Claims
  • Pain and Suffering in Workers Compensation and Work Injury Damages Claims
  • Pain and Suffering in Medical Negligence Claims
  • Pain and Suffering in Public Liability claims
  • Pain and Suffering in TPD claims
  • Pain and suffering compensation
woman back pain suffering

As a personal injury lawyer, I have listened to thousands of stories from injured clients about their pain and suffering stories and experiences. Whilst their stories sound like pain and suffering, most of them are not relevant to how pain and suffering compensation is calculated when included in compensation payouts. In this blog I will explain how pain and suffering compensation is calculated and how it applies to different compensation claims depending how and where you injured at the time.

In this blog I will be explaining what pain and suffering compensation is, how it is applied, calculated and how it is different depending on where and how you were injured in the first place.

What is Pain and Suffering in Compensation Claims?

Pain and suffering compensation takes into account your physical, psychological disabilities, quality of life and other losses as a result of the accident or injury. It is only included in some claims predominately for motor vehicle accident claims, public liability claims, medical negligence claims and workers compensation claims, for exempt workers only (police officers, paramedics, and firefighters). Although it has a similar meaning your eligibility to claim pain and suffering compensation is different depending on the type of claim.

Pain and Suffering in Motor Vehicle Accident Claims

If you were injured due to a motor vehicle accident, pain and suffering compensation can be claimed if your injuries, whether physical or psychological exceed the 10% whole person impairment threshold.

What would typically happen is you or preferably in my opinion, your personal injury lawyer, would refer you to an accredited Independent Medical Examiner (IME). That IME would then assess your physical or psychological injuries and depending on the extent of injuries write down what percentage your injuries are based on the American Medical Association (AMA) 4 Guidelines for Evaluation of Permanent Impairment.  A typical example of a person who would exceed the 10% whole person impairment threshold for physical injuries is someone who has multiple injuries or one injury that has undergone surgery.

If it’s your psychological injury that should be assessed, then it would be based on a Psychiatric Impairment Rating Scale. That scale is to have your psychological injury assessed by an accredited IME speaking to you and reviewing your file to see if and how the consequences of your injury has been affected and apply a score from 1 to 5 to each one of the six scales.

The six scales are, self-care and personal hygiene, social and recreational activities, travel, social functioning, concentration, persistence and pace and employability. Based on the assessment, the IME would then calculate the score they noted from 1 to 5 for each scale to determine the median (average) class score and calculate the aggregate (overall) score. Depending on the overall score then that determines your whole person impairment percentage. From my own experience a s a personal injury lawyer, most people with psychological injuries are assessed between 5-30% whole person impairment.

The current maximum for pain and suffering in NSW for motor vehicle accidents is currently $605,000. The amount increases slightly each year. The amount you receive will be dependent on the severity of the injuries and how they affected you because of the accident. It is important to understand that each injury and its effect are dependent on your own circumstances and how it applies to you and so if you are eligible to claim pain and suffering you should provide evidence of how your life has negatively changed due to your injuries from the accident.  If you want more information about motor vehicle accidents or car accident compensation and how it works then you can find out more information on our car accident lawyers page.

How much pain and suffering compensation should you claim?

Since pain and suffering compensation is so specific to your own circumstances the amount of compensation you should claim depends on what losses you have lost and will likely lose into the future because of the injuries from the accident.

Pain and Suffering – Stacey’s story

I had a client (whose real name is not Stacey) who was eligible to claim pain and suffering part of her compensation payout. She was 40 years of age, with 3 kids and was not working at the time of the car accident. She was intending on returning to work when her youngest child started school. The injuries affected her ability to work, sleep and socialise regularly. She suffered a lot because of the injuries from the car accident and required ongoing treatment. The insurer offered her $100,000 for pain and suffering. My client instructed me to reject the offer which I happily did, and we referred her claim for assessment by way of a decision maker instead.

 

After considering Stacey’s evidence including the statement that we took from her as to her injuries, disabilities and its effects on her quality of life in the accident the decision maker assessed that her non-economic loss damages to be $225,000. The assessor in his written decision noted “the claimant suffers significant and ongoing problems with her neck and shoulders as well as the psychological effects of her disabilities. She states she suffers anxiety, depression, stress and insomnia and I accept this. These injuries have had a significant effect on her capacity to enjoy her pre-accident social, sporting, domestic and recreational activities.”

Do I need a car accident lawyer for my pain and suffering compensation claim?

Not necessarily. Especially if you know the eligibility to claim pain and suffering as explained briefly above and what evidence you can rely upon to support your pain and suffering claim. In my opinion given that, we act on a no win no fee basis and because our costs and disbursements are reasonable and proportionate to your compensation payout, it seems more better to use a lawyer instead.

Find out how much pain and suffering you should claim

If you are unsure as to whether you’re eligible or whether you’re claiming the right amount of pain and suffering compensation due to a motor vehicle accident, contact me and I will explain how the process works specifically to you during our free claim assessment. If we can assist, we will then tell you how we could act on your behalf on a No Win No Fee Basis.

worker handshake with lawyer
 

Pain and Suffering in Workers Compensation and Work Injury Damages Claims

If you suffered an injury in the course of work, then you may be eligible to make a workers compensation claim. You can claim compensation for wages, medical expenses and lump sum payment. If your injuries meet a 15% whole person impairment threshold, then you can then make a work injury damages/common law claim. That compensation claim can take into account your past and future loss of earning capacity. However, as far as pain and suffering compensation is concerned, unless you are an exempt worker  (police officers, paramedics, and firefighters), pain and suffering cannot be claimed for workers compensation claims. You are also unable to claim pain and suffering for work injury damages/common law claims. Exempt workers are unable to claim pain and suffering for work injury damages/common law claims either.

Contact us for a free claim assessment, if you require assistance or advice as to what it is you can claim for your workers compensation or work injury damages/common law claim.

  • Check our NSW Workplace Accident Compensation guide
  • Check our WA Workplace Accident Compensation guide

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 in Perth or Sydney 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.

personal injury lawyer and client

Pain and Suffering in Medical Negligence Claims

Pain and suffering in medical negligence claims will depend on the extent of your injuries, its impact, and its effect on your life. That can include physical pain and discomfort as well as psychological injuries such as post-traumatic stress disorder (PTSD). There is a 15% of the most extreme case principle that is a cap on the maximum amount of compensation awarded for pain and suffering.

If you have suffered an injury or illness due to the act or failure to act of a medical professional reach out to me and I will tell you whether your medical negligence claim is commercially viable or not in my opinion. If we can assist I will tell you how we can act on your behalf on a No Win No Fee Basis.  If you just want more information for now on medical negligence claims, you can find that here.

Pain and Suffering in Public Liability claims

Similar to medical negligence, the most extreme case threshold applies, which means you can claim pain and suffering in public liability claims.  The pain and suffering amount will depend on the extent of injuries, disabilities and its effect on your life because of the injuries. If you have suffered a fall or injury in a public place due to their negligence, contact me and I will tell you how we can act on your behalf on a No Win No Fee Basis. If you just want more information on public liability claims, you can find that here.

Pain and Suffering in TPD claims

Unfortunately, there is no pain and suffering in TPD claims however the good news is most people who are eligible didn’t know they had this TPD Insurance in their superfund policy.

If you are unable to work due to an injury or illness, you may also be entitled to make a TPD claim depending on the type of insurance cover you hold within your superfund. Contact me and I will explain the entire free claims process and explain whether or not you may be eligible. If you are wanting more information for now on TPD claims then you find that here.

Pain and suffering compensation

Whilst pain and suffering compensation is directly related to compensate you for the quality of life effects due to your injury if it nots applicable to your claim (i.e workers compensation, work injury damages/common law claim and TPD claims) it does not mean you will not receive compensation or a payout for your losses.

Depending on how and where you were injured, the other entitlements applicable may very well be enough, depending on the amount of course, to compensate you for your other losses instead. Whether it does or doesn’t we will look at whether you have other compensation entitlements we can claim to compensate you. 

Reach out to me and I will simplify the process for you.

Issa Rabaya

Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

Call Now 1800 952 898
Search

Free Initial Consultation

Complete for eligibility advice

Categories

  • Blog
  • Medical Negligence
  • Motor Accident Compensation
  • Public Liability
  • TPD Claims
  • Workers Compensation

Related blogs

mature man happy

TPD Lawyers Melbourne & Victoria

June 12, 2023

You know that you are not alone, around 5000 people from Melbourne make TPD claims each year due to being unable to work because of

Read More »
car driver

Motor Vehicle Accident Compensation Payouts NSW

June 7, 2023

According to the State Insurance Regulatory Authority (SIRA), ≅10,000 motor vehicle accident compensation claims are made in NSW per year. Compensation payouts for motor vehicle

Read More »
driving car in sydney

Traffic Accident Claims Explained!

June 6, 2023

According to the Australian Institute of Health and Welfare (AIHW), an alarming number of approximately 70,000 Australians are injured and hospitalised each year due to

Read More »
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Marseli

Read More
Thank you Nayven, Issa and team you have all gone above and beyond in helping me with my Workers Compensation case. You are all very professional, thorough and compassionate, thank you all once again!
David L

Read More
A big thank you and commendation to the team at Withstand Lawyers. Caring and compassionate, the team achieved a fantastic result for G and guided him every step of the way with their honest and assuring advice. G and his family couldn't be more pleased with the result, even when others said he didn't have a chance. Withstand Lawyers understood the merits of the case and worked tirelessly to get a fair and just outcome. Can't thank them enough for their hard work and diligence through G's case. Highly recommended.
Emad M

Read More
I just want to thank you as you have done well in my case as I have been to many lawyers before I came to you and they were never able to work on my case thank you so much issa rabaya you were always on spots with your appointment as you always on time with all the paperwork it needed You the best one in Sydney I have worked with Kind regards Emad
Kristy W

Read More
The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
Hamish F

Read More
I was very happy with the professionalism with the team at Withstand Lawyers. They supported me through the whole process and were very prompt and helpful with all my enquiries. They were very competent with with the whole process which enabled me to confidentially trust them and and have a positive outcome stress free. I highly recommend this company for all insurance and superannuation matters.
Previous
Next
FREE 1st CONSULTATION
Call us now and put your mind at ease!
  • 1800 952 898
info@withstandlawyers.com
law-society-logo-orange
  • Our Team
  • Latest News
  • Privacy Policy
  • Testimonials
  • Careers
  • Contact Us
Menu
  • Our Team
  • Latest News
  • Privacy Policy
  • Testimonials
  • Careers
  • Contact Us
*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
Kristy W

Read More
The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
Previous
Next

*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

Company

  • Our Team
  • Latest News
  • Privacy Policy
  • Testimonials
  • Careers
  • Contact Us
  • Our Team
  • Latest News
  • Privacy Policy
  • Testimonials
  • Careers
  • Contact Us

Locations

  • Perth
  • Bunbury
  • Kalgoorlie-Boulder
  • Albany
  • Sydney CBD
  • Parramatta
  • Penrith
  • Central Coast
  • Wollongong
  • Coffs Harbour
  • Port Macquarie
  • Blacktown
  • Bankstown
  • Brisbane
  • Melbourne
FREE 1st CONSULTATION
Call us now and put your mind at ease!
  • 1800 952 898
Facebook-f Instagram
© 2023 Withstand Lawyers | Privacy Policy

Liability limited by a scheme approved under Professional Standards Legislation

Select Your State

Please choose your state below so we can show you the most relevant information.
NSW
WA