Legislation that applies to many claims, including motor vehicle and public liability claims
You may be interested in the legislation that applies to many claims, including motor vehicle and public liability claims, for personal injury in Queensland.
We have included excerpts from the Civil Liability Regulation 2014 (QLD) as follows, but if you wish to view this legislation in it’s entirety, please go to legislation.qld.gov.au
(Current as at 1 July 2015)
Part 1 – Objectives of Schedule 4 (Ranges of injury scale values)
1. Objectives of sch 4. The objectives of schedule 4 include promoting–
consistency between assessments of general damages awarded by courts for similar injuries; and
similar assessments of general damages awarded by courts for different types of injury that have a similar level of adverse impact on an injured person.
Part 2 – How to use Schedule 4
Injury mentioned in sch 4
1. In assessing the injury scale value (ISV) for an injury mentioned in the injury column of schedule 4, a court must consider the range of injury scale values stated in schedule 4 for the injury.
2. The range of ISVs for the injury reflects the level of adverse impact of the injury on the injured person.
3. Multiple injuries
1. Subject to section 4, in assessing the ISV for multiple injuries, a court must consider the range of ISVs for the dominant injury of the multiple injuries.
2. To reflect the level of adverse impact of multiple injuries on an injured person, the court may assess the ISV for the multiple injuries as being higher in the range of ISVs for the dominant injury of the multiple injuries than the ISV the court would assess for the dominant injury only.
4. Multiple injuries and maximum dominant ISV inadequate
1. This section applies if a court considers the level of adverse impact of multiple injuries on an injured person is so severe that the maximum dominant ISV is inadequate to reflect the level of impact.
2. To reflect the level of impact, the court may make an assessment of the ISV for the multiple injuries that is higher than the maximum dominant ISV.
3. However, the ISV for the multiple injuries–
must not be more than 100; and
should rarely be more than 25% higher than the maximum dominant ISV.
4. If the increase is more than 25% of the maximum dominant ISV, the court must give detailed written reasons for the increase.
5. In this section — maximum dominant ISV, in relation to multiple injuries, means the maximum ISV in the range for the dominant injury of the multiple injuries.
5 Adverse psychological reaction
This section applies if a court is assessing an ISV where an injured person has an adverse psychological reaction to a physical injury.
The court must treat the adverse psychological reaction merely as a feature of the injury.
6. Mental disorder
1. This section applies if–
a court is assessing an ISV; and
a PIRS rating for a mental disorder of an injured person is relevant under schedule 4.
2. The PIRS rating for the mental disorder of the injured person is the PIRS rating accepted by the court.
3. A PIRS rating is capable of being accepted by the court only if it is–
assessed by a medical expert as required under schedules 5 and 6; and
provided to the court in a PIRS report as required under schedule 5, section 12.
Division 2 – Other matters 9 Court may have regard to other matters
In assessing an ISV, a court may have regard to other matters to the extent they are relevant in a particular case. Examples of other matters–
the injured person’s age, degree of insight, life expectancy, pain, suffering and loss of amenities of life
the effects of a pre-existing condition of the injured person
difficulties in life likely to have emerged for the injured person whether or not the injury happened
in assessing an ISV for multiple injuries, the range for, and other provisions of schedule 4 in relation to, an injury other than the dominant injury of the multiple injuries
10 Whole person impairment
The extent of whole person impairment is an important consideration, but not the only consideration affecting the assessment of an ISV
SCHEDULE 4 – RANGES OF INJURY SCALE VALUES
Note – this schedule details a table of injuries and ISV ratings, as well as how such ratings should be calculated as follows:
Part 1 – Central nervous system and head injuries
1 Quadriplegia
2 Paraplegia
3 Hemiplegia or severe paralysis of more than 1 limb
4 Monoplegia
5 Extreme brain injury
6 Serious brain injury
7 Moderate brain injury
8 Minor brain injury, other than an injury mentioned in part 3
9 Minor head Injury
Part 2 – Mental disorders
10 Extreme mental disorder
11 Serious mental disorder
12 Moderate mental disorder
13 Minor mental disorder
Part 3 – Facial Injuries
15 Serious facial injury
16 Moderate facial injury
17 Minor facial injury
18 Injury to teeth or gums
19 Extreme facial scarring
20 Serious facial scarring
21 Moderate facial scarring
22 Minor facial scarring
Part 4 – Injuries affecting the senses, Division 2 – Injuries affecting the eyes
23 Total sight and hearing impairment
24 Total sight impairment
25 Complete sight impairment in 1 eye with reduced vision in the other eye
26 Complete sight impairment in 1 eye or total loss of 1 eye
27 Serious eye injury
28 Moderate eye injury
29 Minor eye injury
Division 3 – Injuries affecting the ears
30 Extreme ear injury
31 Serious ear injury
32 Moderate ear injury
33 Minor ear injury
Division 4 – Impairment of taste or smell
34 Total loss of taste or smell, or both
35 Partial loss of smell or taste, or both
Part 5 – Injuries to internal organs, Division 1 – Chest Injuries
36 Extreme chest injury (severe traumatic injury to chest or large majority of organs in chest cavity)
37 Serious chest injury
38 Moderate chest injury
39 Minor chest injury
Division 2 – Lung Injury other than asthma
40 Extreme lung injury
41 Serious lung injury
42 Moderate lung injury
43 Minor lung injury
Division 3 – Asthma
44 Extreme asthma
45 Severe asthma
46 Moderate asthma
47 Minor asthma
Division 4 – Injuries to male reproductive system
48 Impotence and sterility
49 Loss of part or all of penis
50 Loss of both testicles
51 Loss of 1 testicle
Division 5 – Injuries to female reproductive system
52 Infertility
53 Any other injury to the female reproductive system
54 Failed sterilisation leading to unwanted pregnancy
Division 6 – Injuries to digestive system
Subdivision 1 – Injury caused by trauma
55 Extreme injury to the digestive system caused by trauma
56 Serious injury to the digestive system caused by trauma
57 Moderate injury to the digestive system caused by trauma
58 Minor injury to the digestive system caused by trauma
Subdivision 2 – Injury not caused by trauma
59 Extreme injury to the digestive system not caused by trauma
60 Serious injury to the digestive system not caused by trauma
61 Moderate injury to the digestive system not caused by trauma
62 Minor injury to the digestive system not caused by trauma
Division 7 – Kidney or ureter injuries
63 Extreme injury to kidneys or ureters
64 Serious injury to kidneys or ureters
65 Moderate injury to kidneys or ureters
66 Minor injury to kidneys or ureters
Division 8 – Liver, gall bladder or biliary tract injuries
67 Extreme injury to liver, gallbladder or biliary tract
68 Serious injury to liver, gallbladder or biliary tract
69 Moderate injury to liver, gallbladder or biliary tract
70 Minor injury to liver, gallbladder or biliary tract
Division 9 – Bowel injuries
71 Extreme bowel injury
72 Serious bowel injury
73 Moderate bowel injury
74 Minor bowel injury
Division 10 – Bladder, prostate or urethra injuries
75 Extreme bladder, prostate or urethra injury
76 Serious bladder, prostate or urethra injury
77 Moderate bladder, prostate or urethra injury
78 Minor bladder, prostate or urethra injury
Division 11 – Spleen and pancreas injuries
79 Injuries to the pancreas
80 Loss of spleen (complicated)
81 Injury to the spleen or uncomplicated loss of spleen
Division 12 – Hernia Injuries
82 Severe hernia
83 Moderate hernia
84 Minor hernia
Part 6 – Orthopaedic injuries, Division 1 – Cervical spine injuries
85 Extreme cervical spine injury
86 Serious cervical spine injury
87 Moderate cervical spine injury — fracture, disc prolapse or nerve root compression or damage
88 Moderate cervical spine injury — soft tissue injury
89 Minor cervical spine injury
Division 2 – Thoracic spine or lumbar spine injuries
90 Extreme thoracic or lumbar spine injury
91 Serious thoracic or lumbar spine injury
92 Moderate thoracic or lumbar spine injury — fracture, disc prolapse or nerve root compression or damage
93 Moderate thoracic or lumbar spine injury — soft tissue injury
94 Minor thoracic or lumbar spine injury
Division 3 – Shoulder injuries
95 Extreme shoulder injury
96 Serious shoulder injury
97 Moderate shoulder injury
98 Minor shoulder injury
Division 4 – Amputation of upper limbs
99 Loss of both upper limbs, or loss of 1 arm and extreme injury to the other arm
100 Loss of 1 upper limb
Division 5 – Elbow injuries
101 Extreme elbow injury
102 Serious elbow injury
103 Moderate elbow injury
104 Minor elbow injury
Division 6 – Wrist injuries
105 Extreme wrist injury
106 Serious wrist injury
107 Moderate wrist injury
108 Minor wrist injury
Division 7 – Hand injuries
109 Total or effective loss of both hands
110 Serious injury to both hands
111 Total or effective loss of 1 hand
112 Amputation of the thumb or part of the thumb
113 Amputation of index, middle and ring fingers, or any 2 of them
114 Amputation of individual fingers
115 Amputation of thumb and all fingers
116 Any other injury to 1 or more of the fingers or the thumb
117 Extreme hand injury
118 Serious hand injury
119 Moderate hand injury
120 Minor hand injury
Division 8 – Upper limb injuries, other than injuries mentioned in divisions 3 to 7
121 Extreme upper limb injury
122 Severe upper limb injury
123 Moderate upper limb injury
124 Minor upper limb injury
Division 9 – Pelvis or hip injuries
125 Extreme pelvis or hip injury
126 Serious pelvis or hip injury
127 Moderate pelvis or hip injury
128 Minor pelvis or hip injury
Division 10 – Amputation of lower limbs
Subdivision 1 – Amputation of both lower limbs
129 Loss of both lower limbs above or through the knee
130 Below the knee amputation of both lower limbs
Subdivision 2 – Amputation of 1 lower limb
131 Above or through the knee amputation of 1 lower limb
132 Below the knee amputation of 1 lower limb
Division 11 – Lower limb injuries, other than injuries mentioned in division 10 or divisions 12 to 15
133 Extreme lower limb injury
134 Serious lower limb injury
135 Moderate lower limb injury
136 Minor lower limb injury
Division 12 – Knee injuries
137 Extreme knee injury
138 Serious knee injury
139 Moderate knee injury
140 Minor knee injury
Division 13 – Ankle injuries
141 Extreme ankle injury
142 Serious ankle injury
143 Moderate ankle injury
144 Minor ankle injury
Division 14 – Foot injuries
Subdivision 1 – Amputations
145 Amputation of both feet
146 Amputation of 1 foot
Subdivision 2 – Other foot injuries
147 Extreme foot injury that is not an amputation
148 Serious foot injury
149 Moderate foot injury
150 Minor foot injury
Division 15 – Toe injuries
151 Extreme toe injury
152 Serious toe injury
153 Moderate toe injury
154 Minor toe injury
Division 16 – Limb disorders
Part 7 – Scarring to parts of body other than the face
155 Scarring to parts of the body other than the face
Part 8 – Burn injuries
Part 9 – Injuries affecting hair
156 Extreme injury affecting head hair
157 Serious injury affecting head hair
158 Moderate injury affecting head hair or loss of body hair
Part 10 – Dermatitis
159 Extreme dermatitis
160 Serious dermatitis
161 Moderate dermatitis
162 Minor dermatitis
Schedule 5 – Matters Relevant To PIRS Assessment By Medical Expert
1 PIRS (Psychiatric Injury Rating Score) rates permanent impairment caused by mental disorder
The PIRS set out in schedule 6 rates permanent impairment caused by a mental disorder.
The above is only a small excerpt from the Civil Liability Regulation 2014 (Qld). Most claims, including motor vehicle and public liability claims, are complex.
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