What type of compensation is payable in a negligence claim?
Compensation in a negligence claim is known as Damages.
Damages are broadly defined to include any form of monetary compensation.
There are 2 broad types of compensation payable:
- Non economic loss
- Economic loss
Non economic loss
Non economic loss includes compensation for pain and suffering, discomfort, inconvenience, loss of pleasure derived from work, hobbies and sport, marriage and child bearing, loss of independent, curtailment of life, loss of expectation of life and disfigurement.
You are entitled to receive a lump sum amount of compensation for non economic loss as determined by a table under the Civil Liability Act. Your injuries are compared to that of a most extreme case. You are awarded an amount of money based on what percentage your injury is, compared to a most extreme case. The maximum amount payable under the Civil Liability Act is $551,100.00 for 100% of a most extreme case.
Economic loss covers the loss of the following:
- Past and future loss of income
- Past and future payment of medical expenses
- Past and future loss for the capacity to care for oneself and dependants
- Loss of superannuation entitlements
Payment of compensation or damages is made as a once off lump sum amount at the conclusion of a claim. The nature and extent of your injuries and how they affect you on a day to day basis will determine the amount of compensation you are entitled to receive.