COMPENSATION AWARDS ADVICE

The underlying principle is that the plaintiff should be able to recover damages to the extent that would put the plaintiff back into a financial position as if the event did not occur. Compensation awards for personal injuries will usually include the following components:

• General damages include payment for pain and suffering and loss of amenities. These items are not precisely calculable and require a degree of assessment. A judge will consider the particular injury and take into account other precedent cases of similar injuries when assessing damages.

• Special damages cover payment for economic loss including loss of earnings both past and future, cost of domestic care, adapted accommodation, rehabilitation aids and other out of pocket expenses.

Factors to consider in assessing compensation awards for loss of earnings:

• The plaintiffs financial circumstances prior to the accident. This may be useful as a guide as to what the plaintiff would have earned but for the accident.

• Where an employed individual has suffered economic loss as a result of the accident the following information should be considered :-

  • Personal income tax returns for at least 3 to 4 years pre-event and post-event to date. Copies of detailed payroll history may also be needed.
  • A detailed statement of the plaintiffs employment history.
  • The plaintiffs educational and other qualifications.
  • Details of the plaintiffs employment pre-accident and post-accident (position, duties, hours worked).
  • Details of the plaintiffs remuneration (salary package, wages, superannuation, overtime, bonuses, and other allowances).
  • Intentions of the plaintiff but for the accident, that is, their career goals and likely promotional path.

• Where a persons business has suffered as a result of a personal injury, then the tax returns of that business entity should be obtained, including profit and loss statements and balance sheets for at least 4-5 years prior the accident. Consideration should be given to a claim of loss of gross profit, the cost of replacement labour, and any additional or increased costs.

Interim Damages Payment

Sometimes a defendant admits liability, that is that they were negligent, but continues to fight the case on the issue of quantum (i.e the amount that you should be awarded). It may take many months before your case reaches a hearing before a judge and the compensation awards are determined. Your solicitor may apply on your behalf for an interim payment of damages. This means that the defendant pays you some of your money now and the court later decides as to how much more needs to be paid. If you are suffering from severe financial hardship as a result of the accident, then you should speak to your solicitor about whether you can make a claim for an interim payment.

Here are 3 good reasons to choose our lawyers:

1. Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
2. Our solicitors are specialists with extensive experience in negotiating, settling and litigating accident compensation claims.
3. If you decide to instruct any of our specialists to obtain compensation for you, they will act on a no win no fee basis. Compensation is paid in full and win or lose there is no charge.