If you’ve been injured in an accident and you’ve made a compulsory third party claim in Qld, you might be wanting to know how car accident payouts are actually calculated. Well, rather than provide you with an online calculator that will provide you with false results – in this article, we explain how damages are calculated, step by step.
Step 1 – Identify all of your injuries
The first thing an insurer or plaintiff personal injury lawyer will do is identify all of the injuries you have suffered as a result of an accident.
Step 2 – List all of your medical and other out of pocket expenses
To do this, you may need to go online to MyGov or get a list of the services that have been funded by any private health insurer. You should also keep a record of all pharmaceutical expenses you have incurred. If you have gone to the same chemist regularly, they may be able to print you out a statement. Finally, if you have incurred any other expenses (e.g. garden maintenance or house cleaning) due to your injuries, those amounts should also be claimed.
Step 3 – Work out how your employment or career opportunities have been or will be affected in the future
Loss of earnings (or economic loss) is often the largest component of a claim for personal injuries and it is important to consider how your injuries uniquely affect YOU.
Step 4 – Gather independent expert medical evidence
Expert evidence is required by insurers and Courts in personal injury claims to:
- prove the nature and extent of an injury
- prove the cause of the injury
- understand the loss and limitations resulting from injury.
This evidence should be obtained via a solicitor and from independent doctors – not doctors who have treated you throughout your recovery (even if you believe that they know you best).
Step 5 – Quantify your claim
A solicitor with experience in personal injury claims will be able to consider all of the information in steps 1 to 5 and provide an offer of settlement to the insurer.
In car accident claims, payouts are made for a number of “heads of damage” and these generally include compensation for the following:
- General Damages (otherwise known as ‘pain and suffering’)
- Loss of Earnings (past and future loss is claimed)
- Interest and lost superannuation
- Past and future care and assistance
- Special damages (past and future out of pocket expenses)
Need help calculating a car accident payout?
This article is not legal advice and every person’s claim is different. If you have been injured in a car accident and need help with a claim, please contact No Win No Pay Law for advice specific to your situation on (07) 3067 3026.
