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What am I entitled to?

The amount of compensation you are entitled to can include the following:

1. Pain and suffering – the amount of damages is determined by comparing your injury to a most extreme case of injury.  There is an upper limit payable for a most extreme case of injury, which sets a maximum that can be awarded, but there is also a minimum threshold which you must reach in order to be entitled to compensation for pain and suffering.

2. Loss of income – any time you have taken off work as a result of your injury, or losses likely to occur in the future, can be claimed. It will be necessary to gather evidence to prove both the past loss of wages and the likeliehood that you will suffer that loss in the future.

3. Treatment expenses – you can claim any reasonable and necessary past treatment costs and any future surgery/treatment you will require if it has been caused by the accident.

4. Domestic assistance and personal care – it is often the case that these injuries can incapacitate you from completing your household chores or require providing you with personal care (for example, assistance with showering, dressing or shaving).  Any assistance you have required, either unpaid, from for example family and friends, or in commercial circumstances where you pay for the assistance, can be claimed.

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