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What can I claim for?

There are various “heads of damage” for which a claim can be made if you have suffered injury as a result of medical negligence.  The first head of damage relates to your pain and suffering.  The amount of damages payable is determined by comparing your injury to that of a most extreme case of injury.  There is an upper limit payable for a most extreme case, which sets a maximum that can be awarded, but there is also a threshold of 15% of a most extreme case which you must reach in order to be entitled to compensation for pain and suffering.

You may also be entitled to make a claim for past and future treatment expenses, past and future wage loss including superannuation benefits, past and future personal care and domestic assistance costs, as well as other losses including for example the cost of home modifications, assistance with holidays, increased computer needs, modification of motor vehicles and respite care, just to name a few.

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