What are heads of damages in a claim?
Heads of damages are the elements in a compensation claim that the Court awards a monetary amount towards. These elements make up your total ‘damages’ or the amount of compensation awarded.
We’ve broken it down below, but if you need help, just chat, call or email and we will explain what heads of damage are in relation to your case.
Can I get accident injury compensation?
Find out how much compensation you may be entitled to for your car accident, work injury, or other accident.
We offer a free, personalised claim assessment tailored to your situation— contact us for a personalised free claim assessment. Or use our free compensation calculator to gain an indication of how much compensation you may be due.
Pain and suffering (Also called ‘General Damages’)
This includes physical suffering and mental distress, as well as any increased pain and anxiety created by medical treatment. It also includes deprivation of the ability to participate in normal activities and, therefore, enjoy life to the fullest.
Pain and suffering is the only part of a motor vehicle or workplace accident/injury claim that seeks to compensate an injured person for the injuries themselves, as opposed to the losses and increased costs created by their injuries, such as medical expenses and loss of earnings.
In most compensation cases in Queensland, the amount payable for this component is limited, as it has been capped under legislation. When this legislation was first introduced, the maximum amount that anyone could claim for pain and suffering (for the most severe of injuries) was $294,500.
Loss of earnings or loss of functional capacity
This head of damage refers to your past and future loss of income resulting from your injuries and your ability to perform functions. The Court normally will assess your net average monthly wage prior to the accident to calculate your average salary.
In most compensation claim cases, this will be multiplied by the time you were unable to work to calculate your loss of weekly earnings. You may also be entitled to claim for the loss of any interest and superannuation. As your solicitor will advise you when lodging a motor vehicle (car, motorbike or truck) accident or workplace injury claim, you also need to take into consideration aspects such as:
- A 2nd job
- A business
- A loss of overtime
- A loss of allowances
- A loss of promotional opportunities
- A demotion resulting in decrease of pay
- A loss of expected increases per enterprise bargaining agreements / performance reviews / appraisals
There is a lot to consider with regard to loss of earnings and functional capacity, so it is important to ensure that all aspects of your current and future income are included in your claim for compensation. Do not hesitate to contact The Personal Injury Lawyers and our accredited solicitors can help you understand what you may be entitled to claim.
Care and assistance
This refers to help with domestic, personal care, vehicle or home maintenance tasks. Simple, everyday tasks like getting out of bed, going to the toilet, showering, driving and shopping can become huge obstacles when you are injured. Care and assistance can be provided by friends, neighbours or relatives, or you may engage a service provider to undertake the tasks you could not perform yourself due to your injury.
As part of your compensation claim, you are entitled to claim for expenses associated with the care and assistance you require after sustaining injuries in the workplace or in a car or motorbike accident.
Medical expenses
This head of damage refers to any past and future medical expenses you may face as a result of your injury. If you have incurred or will incur expenses for medical or rehabilitation treatment, physiotherapy, pharmaceuticals, medical aids, vehicle and home modifications, or any other reasonable out of pocket expense because of your injuries, then you are entitled to claim reimbursement for those expenses.
Aids and equipment
In addition to medical expenses, you are also entitled to claim reimbursement for any aids and equipment you require as a result of suffering injuries in an accident.
For example, if you have a spinal injury, you might need a wheelchair and/or other items of mobility equipment, specialised clothing, continence equipment, adjustable beds, home ramp access or vehicle modifications. All of these aids and equipment can be claimed.
Interest
Where you have suffered past monetary loss or incurred expenses due to your injuries, then generally you are entitled to claim the interest on those losses from the date they are incurred to when your claim resolves. This can be on past medical expenses, past care, past pain and suffering or loss of past income.
You are also entitled to claim for the loss of superannuation associated with a loss of past income whether you are lodging a motor vehicle or workplace accident or injury claim. Our accredited accident solicitors can help you understand what you may be entitled to in terms of lost income and superannuation.
Real 5 star client Google reviews
● See hundreds of genuine 5 star ★★★★★ real reviews from those we have helped with work, motor and other injuries
● No fake reviews here, we just work hard for great clients who leave honest feedback.
No win no fee guaranteed
● You’ve nothing to lose with our no win no fee guarantee, if we don’t win, you don’t pay our professional fees
● Our guarantee quickly pays for all outlays and associated claim expenses and you get access to the help you need
