What do I get compensated for?

Damages for “pain and suffering”

As part of your damages claim you are entitled to be compensated for your “pain, suffering, and the loss of enjoyment of the amenities of life.” If you were injured on or before the 1 st of December 2002, then your entitlement to damages for “pain and suffering” will depend on your own unique circumstances. Previously decided court cases (precedents) are used as a guide in determining the amount of damages you can expect to recover.

If you were injured on or after the 2 nd of December 2002, then your entitled to damages for “pain and suffering” is determined by a rigid scale of damages contained in the Civil Liability Regulation 2003. If you were injured on or after the 2 nd of December 2002, then in the vast majority of cases, you will recover substantially less damages for “pain and suffering” then if you were injured before the 2 nd of December 2002.

Access to Medical Treatment and Rehabilitation

There is no legal obligation on an insurer or any other person to provide you with or to pay for your rehabilitation. You are expected to make your own arrangements, and to pay all costs involved. As part of your damages claim, you are entitled to be reimbursed any costs you have reasonably incurred for medical treatment.

If because of your accident related injuries you will require ongoing medical care, such as physiotherapy, counseling, surgery, or event the continued use of pain relieving medication, the estimated cost of this can be recovered as part of your damages claim.

Payment for lost wages

Neither the relevant insurer nor any other person is obligated to pay any of your wages while you are absent from work and before your damages claim is finalised. As part of your damages claim you are entitled to claim for your lost wages, provided you can prove your absence from work was as a result of the injuries you sustained in the accident. You can also claim for any income you say you will lose in the future for the remainder of your expected working life.

Payment for Voluntary Care and Assistance

You might need help from your family or friends around the home, such as with getting dressed, or having a shower, or cooking meals, doing your laundry, or the housework, or doing the groceries.

In certain cases you will be eligible to receive compensation in recognition of the time ‘given up’ by others to provide you with help around the home. There is a requirement that you must have received at least 6 hours of care each week for a minimum and continuous period of six months from the date of your injury before you are entitled to receive this payment of damages. The prevailing rate for calculating this entitlement is approximately $18.79 per hour. You can contact us to find out if you are eligible