No two personal injury claims are the same. The amount of compensation you may receive depends on a range of factors—including how badly you were injured, how long it’s expected to affect you, and how much it has cost you physically, emotionally, and financially.
In Queensland, compensation is designed to help you get back to where you would’ve been—if the injury hadn’t happened.
Here are some of the main things considered when working out the value of a personal injury claim:
How serious the injury is
Whether you’ve recovered or are still affected
Time off work and future earning capacity
Medical costs (past and future)
Need for support, care, or rehabilitation
Pain, suffering, and emotional distress
Your age, job, and general lifestyle
Each claim is assessed on its own merits, often using medical reports, financial documents, and other evidence.
This covers things like:
Lost income while you were off work
Future income you’re likely to miss out on
Superannuation losses
Missed job opportunities or career progression
If your ability to work has been affected permanently or long-term, this part of your claim can be significant.
This includes:
Hospital bills
GP visits and specialist appointments
Physio, chiro, or other rehab
Medication
Future treatment needs
Even if Medicare or private health covered some costs, you can still claim out-of-pocket expenses.
This is about how the injury has affected your quality of life. It includes:
Physical pain
Mental distress or trauma
Loss of enjoyment in daily activities
Impacts on your independence and relationships
This part of a claim is more subjective and is often based on medical assessments and legal guidelines.
If you now need help around the home or with personal care, you may be able to claim for:
Paid professional carers
Support from friends or family
Home cleaning, gardening, or meal prep
Transport assistance
Even unpaid help from loved ones has value under Queensland law.
Don’t forget the smaller costs that add up, such as:
Travel to appointments
Parking fees
Equipment or aids
Home modifications
Keep all receipts and invoices—these can support your claim.
Once all the evidence is gathered, lawyers and insurers negotiate based on past cases, medical opinions, and legislation. Most claims settle outside of court.
If there’s a dispute or the claim ends up going to court, the judge will consider all the evidence and make the decision on the final payout amount.
Now that you know how compensation is worked out, the next page explains how settlement negotiations usually happen—and what to expect during that process.
Go to the next page: Negotiating a Personal Injury Settlement