- Do you have an injury or suffer distress as a result of a car accident?
- Have you sustained a work-related accident or injury?
- What choices do you have if you slip and fall on public or private property?
- Have you suffered a medical or surgical injury?
Our Personal Injury Lawyers Brisbane team can assist. Our terms of service ensure you get the benefit of our decades of knowledge and experience representing injury compensation clients throughout Australia.
Personal Injury Lawyers Brisbane – as expert compensation lawyers – represent clients who are seeking compensation for losses caused by negligence or misconduct. Personal Injury Lawyers Brisbane is a specialist legal team that will negotiate fair compensation where your injury and loss is caused or contributed to by recklessness or negligence on another person’s part.
Compensation depends on the severity of the injury and its effect on the person’s capacity to earn income. Our service terms ensure every aspect of the accident’s adverse effect on your income earning capacity is fully investigated.
How Does Queensland’s Personal Injury Compensation Work?
You can be hurt in any number of ways, not of your own fault. The two most common forms of accidents that result in harm are motor vehicle accidents and work-related accidents. Accidents also occur in rented premises, public places, entertainment venues, hotels & resorts, hospitals, cruise ships and in aircraft & airports.
In all those places you are owed a duty of care by the driver, occupier, operator, employer, council, doctor or owner to take reasonable care for your safety and they are liable to pay you compensation for the resulting loss if they don’t.
How are your injuries calculated for a personal injury payout?
Prior to calculating the quantum of your claim, or how much compensation your personal injury claim is worth, an assessment of culpability for the accident must be made, as well as if any proportion of contributory negligence applies. It’s also crucial to get all of the documentation you need to back up your claim so you can make correct estimates.
An opinion on quantum can be prepared once the questions of responsibility and contributory negligence have been resolved, as well as the presentation of all requisite evidence. The money you get is referred to as “damages” if you settle your claim or if a court awards you money in your favour.
A quantum opinion will outline the likely low and high ranges of damages you can expect in total compensation. The amount of your claim is computed based on a number of different types of damage, which are shown below. Calculations are complicated, and they are based on the facts and circumstances of your specific personal injury case.
Every personal injury claim is distinct, thus the amount is determined on a case-by-case basis. However, for your convenience, we’ll go through some of the important factors that go into determining the value of your personal injury claim, with respect to each type of harm.
What is calculated for a personal injury payout?
- General damages: Refers to the pain, suffering, and loss of amenities you experienced as a result of the incident’s injuries.
- Economic loss: In consideration your past and future losses of wages, as well as your past and future losses of superannuation benefits.
- Past economic loss: A Court will consider the time you were forced to miss from work as a result of your injuries when determining your previous economic loss.
- Future economic loss: In the same way that past economic losses required both parties to investigate your tax and employment records.
- Loss of superannuation: Your claim for future superannuation loss will be calculated using the higher statutory rate.
- Special damages: Any injury-related benefits received from statutory departments are referred to as special damages.
- Statutory refunds: We will collect accounts of the sums paid from these agencies prior to the end of your claim.
- Gratuitous care & assistance: This relates to the unpaid care you received from people who cared for you when you were injured/ill.
- Loss of servitude / consortium: An award for damages for loss of servitude and loss of consortium may be appropriate in specific cases.
- Exemplary, punitive or aggravated damages: In most personal injury cases, exemplary, punitive, or aggravated damages are not granted.
- Legal costs: Depending on the value of your claim, you may be eligible for a legal expenses award.