How much do you get for pain and suffering in an injury compensation claim?
How much you can get for pain and suffering is actually quite complex.
The amount is based on numerous factors, including:
How much should I claim for pain and suffering?
If the claim falls under the motor vehicle, workplace or public place accident legislation, the amount you can sue for pain and suffering will be capped.
When these caps were first introduced they stated the maximum the most injured person could get for pain and suffering was $250,000, and all injuries were scaled back from this amount.
The amounts increase each year, but only slightly. For example, a typical whiplash injury with an ‘injury scale value’ (how injuries are assessed under the legislation) of 8 increased from $12,530 in 2019 to $12,880 in 2020.
Should I ask for pain and suffering in my compensation claim?
Absolutely – but you are only likely to get the maximum you can for pain and suffering if you engage a lawyer.
This is because pain and suffering is actually quite complex and depends on numerous factors, including:
- Whether it is a car accident, workplace accident or an injury sustained in a public place
- The degree of permanent impairment sustained as a result of the injury
- Whether there are multiple injuries
- Whether or not the legislation applies.
You will need medical evidence to support any claim made for pain and suffering, such as reports, clinical records and test results.
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