Pain and Suffering
If you’ve suffered an injury because of someone else’s neglect or criminal actions, you’ll know that there’s more to it than medical treatment. You may also experience loss of earnings and even more significantly, pain and suffering.
Pain and suffering can be prolonged – it can even be life long – and it can affect you in many different ways. That’s why it’s an important element of any legal claim for personal injury.
Can I make a claim for pain and suffering?
Pain and suffering is often referred to as “non-economic loss.” That’s because it’s more difficult to measure than economic loss, such as loss of earnings and medical expenses.
Pain and suffering compensation allows you to claim for the detrimental effect that the injuries have had on your life, as well as any lasting and ongoing disabilities that you have suffered and/or will continue to suffer because of the accident.
The amount of compensation is worked out by the court using a points system to assess the seriousness of the injury. For motor vehicle accidents, the same scale is used for any accidents that occurred before 1 July 2013. For accidents after this date, there is a Compulsory Third Party (CTP) insurance scheme that will apply. The new scheme has seen a significant reduction in the amount that injured people have been able to claim.
The scales are complex and with the reductions under the new scheme, it’s essential to get legal advice from an experienced injury lawyer to ensure that:
- A proper assessment is made of your injuries.
- You’re claiming everything to which you’re entitled.
- You are fully informed of the likelihood of success in making a claim.
- You are aware of how multiple injuries may affect you.