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Car Accident Compensation for pain and suffering: Non-Pecuniary Loss

Car accident compensation for pain and suffering is a type compensation for non-pecuniary loss. Non-pecuniary loss is often referred to as general damages. In this article we have provided more detail about non-pecuniary loss.

Non-pecuniary loss / damage in a car accident injury claim

Non-pecuniary losses are the intangible losses that is not readily quantifiable by reference to a rate of pay or a cost that has actually been incurred. In a car accident personal injury case, if the injured person has a day off work due to their injury, the income loss is tangible, thus, this is not a non-pecuniary loss (i.e. it can be calculated by reference to the persons pay rate).  However, if the person suffered from intangible loss due to the physical or physiological condition caused by the car accident, then a claim for damages would fall under the general damages or non-pecuniary loss head of damages.

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In section 3C of the Motor Vehicle (Third Party Insurance) Act 1943, non-pecuniary losses are divided in the five categories

  • Pain and suffering: e.g, your pain and suffering caused by the accident such as medical treatments or operations
  • Loss of amenities of life: e.g, you lost the ability to lift shopping bags due to the car accident injuries
  • Loss of enjoyment of life: e.g. you lost the ability to play with kids and participate in sport
  • Curtailment of expectation of life: e.g, as a result of the accident you are likely to die 5 years earlier and
  • Bodily or mental harm: e.g, depression, limited use your neck, limited use of your back

Please note, when injured person asked about “car accident compensation for pain and suffering”, they often refer to the compensation for the intangible loss in the above heads of damage (ie. non-pecuniary loss).

What can I expect from my pain and suffering settlements?

Pain and suffering settlements can be estimated by many methods. If you have been researching on this topic for a while, you may have read about “pain and suffering calculator”, “pain and suffering multiplier”, or “pain and suffering threshold amount”.

As at 1 July 2017, all claims for non-pecuniary loss have to exceed a minimum threshold of $20,600 and the maximum amount payable is $412,000. The threshold (deductible) amount gradually reduces for claims assessed between $61,500 and $82,000 and does not apply to assessments over $82,000. Insurance Commission of Western Australia sets  Threshold Schedule annually. The Threshold Schedule is used to assess the amount payable.

As you can see, the range between minimum payout and maximum compensation is quite large. This is because there a large range of factors that may determine where you sit in the range.

If you have just suffered a personal injury in a car accident happened recently then your condition is unlikely to have stabilised and you will be unable to tell what the impact of the motor vehicle accident has been on you. You can use internet articles to find out the average pain and suffering settlements for whiplash, or other types of motor injuries, but the amount of pain and suffering from one case to another is vastly different. In most cases you would be better off revisiting the question later in your car accident injury claim when your condition is stabilised and have you a better understanding of the long term impact on you.

Settlement of your pain and suffering claim

If you have made a car accident personal injury claim, you need to be aware that settlement of your personal injury claim is a negotiation process. There are threshold amounts, limits and guidelines for the process. The actual settlement is negotiated outcome based on the case you present. Being able to build a strong case that supports your compensation expectation is vital in getting the fair compensation for your personal injury claim.

In the case of car accident injury compensation claim, managing a pain and suffering claim without a lawyer is possible but a good lawyer often has the ability to get you more compensation than you could.

No Win No Fee Lawyers

No Win No Fee lawyers do not charge legal fees unless that successfully settle the client for their client. As one of the top No-Win-No-Fee compensation lawyers in Western Australia, Foyle Legal provides an obligation free consultation. If you have made a car accident personal injury claim, consult a lawyer on obligation free basis may assist you to understand how to best progress your claim.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

My injury has been going on for 2 years and I didn’t know what to do. When I first went there, they spent the time to help me, instantly I was clear about what to do next. I have now received my compensation payout and I am happy with the outcome. I have referred them to my friends who have personal injury claims.read more
Jim Keo
Jim Keo
2018-10-31T15:35:41+0000
I was very happy as Foyle Legal got me almost double the amount I was expected for my foot amputation work injury.read more
Tim Martin
Tim Martin
2018-10-31T08:11:34+0000
Explained my workers compensation very well. Very experienced and knows what to do. I am happy with the good time frame. I appreciate your good job with your team thank you.read more
Deklinsman Nkemjika
Deklinsman Nkemjika
2018-10-10T09:16:57+0000
I did not know what to do with my stress related Workers compensation claim. Foyle Legal helped me to get reports from my GP and a psychiatrist. They provided me with as lot of help preparing statements. I am happy I had their representation as i was very stressed and i am happy with the way things turned out.read more
Liliana Andri
Liliana Andri
2018-09-26T04:16:01+0000
I underwent several years of being abused by passengers as a bus driver. Foyle legal helped mw to get the medical reports i needed in circumstances where my gp was slow in providing a report.read more
Karen Nevard
Karen Nevard
2018-08-30T06:49:54+0000
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury claims.read more
Anthony Daniels
Anthony Daniels
2017-12-21T08:56:31+0000
I was injured at work and had a workers Compensation claim. Foyle Legal Were very helpful and always got back to me about my queries in a relatively short period of time which I think you would not get in a larger firm. They advised me about the settlement of my case and help me to get the most out of itread more
Vijay Sourinathan
Vijay Sourinathan
2017-12-20T02:53:28+0000
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my claim.read more
Roxann Campbell
Roxann Campbell
2017-11-14T08:27:49+0000
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my questions.read more
Daniela Colantropo
Daniela Colantropo
2017-10-23T02:32:55+0000
I had a workers compensation claim and the insurer wanted to fight me about whether I was entitled to weekly payments of compensation. Foyle Legal helped me to get medical evidence regarding my case, they were quick and very helpful and provided excellent service in relation to my personal injury claim.read more
Suman Thilak
Suman Thilak
2017-09-22T05:29:20+0000
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever expected.read more
Paul Beard
Paul Beard
2017-07-13T08:58:07+0000
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as hard.read more
Ajak Kuer Ajak
Ajak Kuer Ajak
2017-03-29T03:51:32+0000
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the outcome.read more
Lucinda Hogan
Lucinda Hogan
2017-03-29T02:02:07+0000
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever met.read more
Theresa Southam
Theresa Southam
2017-02-23T03:03:41+0000
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle Legal.read more
Brendan Arthur
Brendan Arthur
2016-12-20T00:56:43+0000
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