If you’ve suffered a personal injury due to a motor vehicle accident, medical negligence, or a slip and trip, you may be entitled to compensation. This can cover a wide range of losses, including:
- Pain and Suffering / Non-Economic Loss
- Economic Loss (Past and Future) — including lost wages and superannuation
- Past Voluntary Services — care provided by certain family members according to the legislation;
- Future Care / Domestic Assistance
- Special Damages — out-of-pocket medical expenses
- Future Medical Treatment
- Loss of Consortium — impact on personal relationships
These categories are known collectively as the “Heads of Damage” and are separate from legal costs.
In this series, Julie Brownett unpacks each of these areas — starting here with pain and suffering.
What is pain and suffering (Non-Economic Loss)?
Pain and suffering, also known as non-economic loss, refers to the physical pain, emotional distress, and reduced enjoyment of life caused by your injury.
Example:
Imagine you’ve injured your lower back in a car accident or sprained your ankle in a slip and fall. Months — or even years — later, you’re still experiencing discomfort. You’ve had to give up dance classes or walking groups, and daily activities like mowing the lawn, picking up your children, or even sitting for extended periods are now difficult.
You might also find yourself becoming anxious while driving or socialising less. Perhaps you’ve sought help from your GP for anxiety or depression. Over time, it becomes clear that your life — physically, emotionally, and socially — has changed.
This ongoing impact is what pain and suffering seeks to compensate.
When are you eligible to claim for pain and suffering?
Under Section 52 of the Civil Liability Act (SA) 1936, you can only claim for non-economic loss if:
- Your ability to lead a normal life was significantly impaired for at least seven days, or
- You incurred medical expenses that meet or exceed the prescribed minimum amount.
Additionally, there is an eligibility requirement for pain and suffering arising out of a motor vehicle collision which is dependent on achieving an Injury Scale Value (refer below) in excess of 10 points.
How is pain and suffering assessed?
Assessment of pain and suffering relies on both medical and personal evidence.
Medical evidence
Your medical records — including GP notes, physiotherapy, or chiropractic reports — provide an essential timeline of your symptoms and their impact. These are considered contemporaneous evidence, meaning they were created at the time you experienced the symptoms.
Personal and family testimony
Statements from family and friends can provide insight into how your injuries affect your day-to-day life — such as mobility, mood, and relationships.
Independent medical examinations
As part of your claim, you’ll likely be assessed by independent medical specialists. They will provide a clinical opinion and assign an impairment rating.
- For motor vehicle accident claims, this rating is converted into an Injury Scale Value (ISV), which helps determine the amount of compensation.
- For other types of personal injury claims, such as public liability, pain and suffering is assessed on a scale from 0 to 60.
Before you settle — Speak with us
If you’ve been injured and want to understand your full entitlements, we’re here to help. For a confidential discussion, call us today on (08) 8357 7611.