Compensation Payout Guide – Injury Payouts | Law Partners
 

Compensation Payout Guide.

If you’ve been injured in an accident and incurred any treatment costs or had any time off work to recover, then it’s likely you’re entitled to a compensation payout. This guide explains how compensation payouts in NSW are calculated, and how to make sure you get the maximum compensation payout you’re entitled to.

Are you entitled to a compensation payout?

To understand whether you’re entitled to a personal injury compensation payout, ask yourself these three questions:

  • Have you been injured or become ill through someone else’s fault while you were working, in a traffic accident, in a public place or through medical negligence?
  • Have you had any treatment?
  • Have you had any time off work to recover?

If you answered yes to question one and question two or three, then it’s likely you’re entitled to a compensation payout.

How is your compensation payout calculated?

Here’s how your injury compensation payout is generally calculated in NSW:

  • If you’ve had time off work, you’ll be paid back for your lost wages
  • If you’ve had medical or care expenses, these will be paid back to you
  • Depending on the severity of your injuries, you may also be entitled to payments for future lost wages and pain and suffering

The actual compensation payout amount will take into account a range of factors including how you were injured, your age and the extent of your injuries.

If you’re making a CTP compensation claim, you can use this car accident compensation calculator to estimate your compensation payout entitlements.

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What are some examples of compensation payouts?

Here are some of the more commonly searched phrases on personal injury compensation payouts.

Whole person impairment payout

Whole person impairment (WPI) is a scale used to measure the severity of your injuries – a higher WPI can result in a higher compensation payout. For example, if you’ve been injured in a work accident and your WPI is 11% or more for a physical injury (or 15% or more for a primary psychological injury), then you may be entitled to receive a permanent impairment payout.

Pain and suffering compensation payout

The majority of pain and suffering compensation payouts fall into the 0-$120,000 range, but some can run into the hundreds of thousands of dollars. Pain and suffering is a payment for the harmful impact the injury has had on your life, physically and mentally. It’s also referred to as general damages or non-economic loss.

Serious injury claim payouts

Serious injury claims can be significant and can run into the hundreds of thousands or even millions of dollars. Personal injury compensation payouts are to cover your losses where your injury is caused by someone else’s negligence. Depending on the circumstances of your accident, if your injury is severe, this can include future loss of earnings (i.e. compensation for the earnings you would have made if you hadn’t been injured) and non-economic loss in the form of pain and suffering.

Back injury compensation payouts

Back injury compensation payouts can also be substantial, especially where the back injury prevents you from working. In severe cases, a back injury compensation payout may include payment for future loss of earnings and pain and suffering. Back injury compensation payouts for less serious injuries, for example where a full recovery is made, will generally be limited to economic losses such as lost wages, medical and treatment expenses.

PTSD compensation payouts

PTSD is a considered a psychological injury, and compensation payouts for PTSD can be substantial. In severe cases where PTSD is job-related and the sufferer cannot return to work, compensation payouts in Australia may be available through workers compensation as well as through total and permanent disability insurance policies connected with superannuation funds.

What’s a reasonable compensation settlement for pain and suffering?

The majority of pain and suffering compensation payouts fall into the 0-$120,000 range, but some can run into the hundreds of thousands of dollars.

Here are some simple guidelines to help you understand how pain and suffering settlements are awarded:

  • If you’ve been in a motor accident and you’re making a CTP claim, you’re entitled to pain and suffering if you exceed the 10% WPI threshold – this is a measure of the permanent damage the accident caused, and your pain and suffering payout will be determined by a judge.
  • If your injury was caused by an accident in a public place or by medical negligence, a judge may award pain and suffering if your circumstances are greater than 14% of the “most extreme case”.
The calculation of pain and suffering compensation settlements is subjective and complex. To get the maximum pain and suffering compensation payout, it’s important to get advice from a personal injury lawyer who specialises in claims like yours.

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How do you respond to a settlement offer?

Don’t be tempted to accept the first compensation payout settlement offer you receive. When you make a claim for compensation, you’re claiming against the insurer of the person who caused your injury, and it’s not in the insurer’s interest to pay out your maximum entitlements. Getting the right compensation advice from a specialist lawyer is essential. Even if you decide not to engage a lawyer, it makes sense to get free legal advice and understand your options.

How do you get the maximum compensation payout?

Here are some tips to make sure you receive the maximum injury compensation payout you’re entitled to:

  • Make sure your claim is thorough and submitted on time. If you leave important details out of your claim, it can reduce your payout significantly and you may never know what you’ve missed out on.
  • Be thorough with the evidence you submit. For example, if you’re claiming expenses, you need to submit evidence such as receipts for all the expenses you’re claiming.
  • Make sure your injuries have been thoroughly assessed. This is really important – the injury from your accident could lead to additional injuries over time, and if it does, you’re entitled to additional compensation.
Although you can submit your own claim, it’s likely you’ll get a much higher compensation payout if you have the support of a specialist personal injury lawyer who has a strong track record of success.

What’s the average compensation payout in NSW?

Compensation settlements vary significantly, but here are some NSW statistics on CTP and medical negligence compensation payouts:

  • Looking at all motor accident injury claims made through the NSW CTP scheme in the 12 months to November 2020, the average compensation payout per car claim submitted was over $35,000*.
  • According to data obtained by the Northern Daily Leader**, the average compensation payout by the Hunter New England Health Service in NSW between October 1, 2016, and October 1, 2018 was more than $650,000. However, this figure is considered high and it’s likely that the average across NSW is lower.

*Based on SIRA Open Data, November 2020. There were 10,345 claims submitted over the previous 12 months, and the total paid out for that period was $370M.

**Ref: https://www.northerndailyleader.com.au/story/6249086/hunter-new-england-health-district-pays-out-69-million-for-medical-mistakes/

Where can I get free legal advice on compensation payouts in NSW?

Law Partners Personal Injury Lawyers is Australia’s largest specialist personal injury compensation law firm, with legal teams that specialise in each area of personal injury law. They have 15 offices across Sydney and NSW.

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