Written by: David Cossalter Following a serious injury, the financial burden of recovery can be overwhelming. Beyond medical bills and lost wages, many people don’t realise they may also be entitled to compensation for pain and suffering. This is the emotional and psychological toll their injury has taken on their quality of life.
Understanding how pain and suffering compensation works across Australia’s different states can help you determine what you might be entitled to and whether pursuing a claim is right for you. This guide breaks down the calculation methods, provides real-world settlement examples, and explains eligibility requirements to help you navigate this often complex area of personal injury law.
What is pain and suffering compensation?
Pain and suffering compensation, also known as general damages, provides financial recognition for the non-economic impacts of an injury. Unlike economic losses that cover measurable costs like medical expenses and lost income, pain and suffering damages acknowledge the invisible burden injuries place on your life.
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This type of compensation addresses the psychological, emotional, and social consequences that extend far beyond physical wounds. It recognises that injuries affect your ability to enjoy life, maintain relationships, work effectively, and engage in activities you once loved.
Key takeaway
Pain and suffering compensation is separate from economic damages. You can claim both types simultaneously: one for your financial losses and one for your diminished quality of life.
Common examples of pain and suffering claims
Pain and suffering encompass a broad range of psychological and emotional impacts that result from an injury. While each case is unique, courts recognise several common categories when assessing general damages:
1. Physical pain and discomfort
Ongoing pain, chronic discomfort, physical limitations, or permanent impairment that affects your daily activities and overall well-being.
2. Mental health impacts
Depression, anxiety, post-traumatic stress disorder (PTSD), panic attacks, or other psychological conditions that develop as a direct result of your injury.
3. Loss of enjoyment of life
Inability to participate in hobbies, sports, social activities, or recreational pursuits you previously enjoyed, leading to a diminished quality of life.
4. Sleep disturbances
Insomnia, nightmares, or disrupted sleep patterns caused by pain, anxiety, or trauma related to your injury.
5. Cognitive impairment
Difficulties with memory, concentration, decision-making, or processing information that impact your ability to function in daily life and work.
6. Relationship strain
Damage to personal relationships, loss of companionship, reduced intimacy, or social isolation resulting from your injury and its psychological effects.
7. Loss of independence
Requiring assistance with daily tasks you previously managed independently, leading to feelings of helplessness or diminished self-worth.
Expert tip
Medical evidence is essential for pain and suffering claims. A psychiatric evaluation provides objective documentation of your psychological injuries, strengthening your case significantly. Courts rely heavily on professional medical assessments to validate self-reported symptoms.
Pain and suffering damages: Economic vs non-economic loss
When pursuing a personal injury claim in Australia, compensation falls into two main categories: economic loss and non-economic loss (pain and suffering).
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Economic loss covers the tangible, measurable financial impacts of your injury:
- Medical and rehabilitation expenses
- Lost wages and reduced earning capacity
- Domestic assistance and travel costs for treatment.
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These damages are calculated based on actual bills, pay stubs, and financial records, making them relatively straightforward to quantify.
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Non-economic loss (pain and suffering) addresses the intangible impacts that don’t have a clear dollar value:
- Physical pain and emotional distress
- Psychological injuries and loss of quality of life
- Loss of companionship.
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The subjective nature of non-economic loss makes it more complex to calculate. A hospital bill shows an exact amount, but quantifying the severity of depression or the impact of chronic pain requires specialised assessment methods.
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How is pain and suffering calculated? A breakdown by state
Pain and suffering compensation varies significantly across Australian states, with each jurisdiction applying different calculation methods, thresholds, and maximum payouts. Each state has developed its own framework for measuring and compensating pain and suffering, using percentage scales, injury severity values, or judicial discretion to translate your suffering into a compensation amount.
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Understanding how your state assesses general damages (pain and suffering) is essential for estimating your potential compensation.
| State / Territory | Assessment method | Minimum threshold | Maximum compensation | Applicable legislation |
|---|---|---|---|---|
| New South Wales | Most Extreme Case (MEC) percentage scale | 15% of MEC | $804,000 (91–100% of MEC, as of 1 October 2025) | Civil Liability Act 2002 (NSW) |
| Queensland | Injury Scale Value (ISV) 0–100 points | ISV ≥ 6 (Civil Liability) | No fixed statutory cap; damages calculated using ISV Ă— statutory formula | Civil Liability Regulation 2014 (QLD); Workers’ Compensation and Rehabilitation Regulation 2014 (QLD) |
| Victoria | Case-by-case judicial assessment | Injury must be “significant” | $577,050 (indexed annually) | Wrongs Act 1958 (VIC) |
| Australian Capital Territory | Case-by-case judicial assessment | No fixed statutory threshold | No statutory cap | Civil Law (Wrongs) Act 2002 (ACT) |
New South Wales
Pain and suffering compensation in NSW is calculated using the Most Extreme Case (MEC) method, which assesses your injury as a percentage of the most catastrophic injury possible. This percentage-based system applies to personal injury claims across motor vehicle accidents, public liability, medical negligence, and workplace injuries.
How it works
- Injuries assessed below 15% of the MEC do not receive pain and suffering compensation
- As the percentage increases, so does the compensation amount
- 91–100% of MEC attracts the maximum damages for pain and suffering of $804,000 (as of 1 October 2025)
- Example: A moderate psychological injury might be assessed at 15% MEC, while a severe traumatic brain injury could approach 85% MEC.
Lawyer insight
The MEC percentage can vary between medical assessors based on their clinical judgment. While the system aims to be consistent, different experts may interpret the extent of an injury differently. An experienced personal injury lawyer can present your case in a way that supports a fair and accurate assessment, helping to maximise your compensation.
Queensland
Queensland assesses pain and suffering using the Injury Scale Value (ISV) system under two regulations: WCRR for workplace injuries, and CLR for motor vehicle, public liability, and medical negligence claims.
How ISV works
- Injuries are assigned an ISV score from 0 to 100 points based on severity
- The higher the ISV, the greater the compensation
- Compensation is calculated using a formula defined in Schedule 7 of the Civil Liability Regulation
- Important note: For multiple injuries, the court identifies a dominant injury (highest ISV), and other injuries are considered secondary. The ISV values are not simply additive.
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Learn more: Making a personal injury claim in Queensland
Victoria
Victoria takes a case-by-case judicial approach under the Wrongs Act 1958, rather than applying a points-based system like other jurisdictions.
Factors considered
- Medical evidence (from treating and independent doctors)
- The claimant’s testimony and credibility
- Pre-existing physical or mental health conditions.
- Degree of impairment and prognosis
- Impact on work, daily life, and overall wellbeing.
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The maximum compensation for pain and suffering is $577,050.
Judicial insight
While judges historically resisted strict reliance on precedent, recent years have seen increased use of past decisions to help maintain consistency across similar cases, though these are not binding.
Australian Capital Territory
In the ACT, pain and suffering compensation is awarded using a judicial discretion model under the Civil Law (Wrongs) Act 2002. No point system or statutory cap applies.
Assessment criteria
- Severity and permanence of injury
- Impact on employment and earnings
- Loss of enjoyment of life and relationships
- Pre-existing health conditions
- Age and future earning potential.
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Unique feature: Claimants may opt to resolve disputes through the ACT Civil and Administrative Tribunal (ACAT), a faster, less formal alternative to court. Both ACAT and courts use case precedent to inform decisions, helping to ensure consistency without rigid rules.
Pain and suffering examples by state
Understanding real-world pain and suffering settlement examples Victoria, Queensland, NSW and ACT help to contextualise how compensation works in practice across Australia. While each case is unique and outcomes depend on specific circumstances, these examples illustrate typical compensation ranges across Australian states.
| State / Territory | Injury type | Severity | Approximate compensation | Key factors |
|---|---|---|---|---|
| NSW | Motor vehicle accident with severe PTSD and anxiety | Significant (60% MEC) | $400,000 – $450,000 | Severe psychological trauma, loss of independence, permanent impairment |
| QLD | Public liability fall, causing chronic back pain and sleep disturbance | Moderate (ISV 30–40) | $120,000 – $180,000 | Chronic pain syndrome, medication dependence, lifestyle limitations |
| QLD | Medical negligence leading to permanent cognitive impairment | Severe (ISV 75–85) | $350,000 – $400,000 | Permanent disability, loss of career, significant care requirements |
| VIC | Workplace accident with catastrophic physical and psychological injuries | Severe | $550,000 | Maximum threshold, life-altering injuries, loss of all independence |
| ACT | Motor vehicle accident causing chronic pain and relationship breakdown | Moderate to significant | $200,000 – $300,000 | Impact on family life, reduced earning capacity, ongoing treatment |
Disclaimer: These examples are illustrative only and should not be relied upon as predictions of your potential compensation. Actual settlements depend on numerous factors, including injury severity, supporting medical evidence, impact on your specific circumstances, and quality of legal representation.
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What is the eligibility for pain and suffering compensation?
You may be eligible for pain and suffering compensation if your injury was caused by someone else’s negligence in situations such as:
- Medical malpractice or negligence
- Accidents in public places
- Motor vehicle accidents
- Workplace injuries.
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However, not every injury qualifies. Eligibility depends on the severity, cause, medical evidence, time limits, and the laws in your state.
General eligibility requirements:
| 1. The injury must be caused by negligence | You must show that another party breached their duty of care, resulting in your injury. Common examples include:
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| 2. Your injury must meet a minimum severity threshold | Most states set thresholds to prevent claims for minor injuries: Â
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| 3. You must provide medical evidence | Courts require objective medical proof—such as a specialist or psychiatric report—to support claims for pain and suffering. Self-reported symptoms alone are not sufficient. |
| 4. You must claim within the legal time limits | Strict timeframes apply to personal injury claims, generally three years across Australia. Missing these deadlines can permanently bar your claim. |
Who cannot claim?
You may be ineligible for pain and suffering compensation if:
- You were entirely at fault for your injury
- The injury resulted from criminal activity
- You missed the limitation period
- Your injury does not meet severity thresholds
- You lack medical evidence of your condition.
Maximising your pain and suffering compensation
Pain and suffering’s subjective nature doesn’t diminish its seriousness or the importance of pursuing fair compensation. The frameworks across Australian states exist precisely because legislators recognise the profound impact psychological and cognitive injuries have on quality of life.
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While each case is unique, several strategic steps can significantly strengthen your claim and maximise your compensation:
1. Get medical help early
Seek treatment promptly, even if symptoms develop later. Early records help link your psychological condition to the injury event.
2. Undergo a psychiatric assessment
Courts rely on expert psychiatric or psychological evaluations. This is often the single most important piece of evidence in your claim.
3. Document everything
Keep detailed records of:
- Medical visits and prescriptions
- Impact on work, relationships, sleep, and lifestyle
- Changes in your ability to function day-to-day.
4. Stick to treatment plans
Following your doctor’s advice shows you’re serious about recovery. Gaps in treatment can weaken your case.
5. Avoid rushing a settlement
Insurers may offer early payouts, but psychological injuries can take time to fully emerge. Don’t settle before you understand the long-term effects.
6. Hire a specialist personal injury lawyer
A lawyer can:
- Secure expert medical opinions
- Challenge undervalued offers
- Maximise your MEC %, ISV rating, or judicial award
Navigate complex state rules and compensation pathways.
7. Be honest and consistent
Credibility matters. Courts will cross-check your statements, medical reports, and behaviour. Consistency strengthens your case.
Lawyer insight
Many clients underestimate how much legal strategy impacts outcomes. Pain and suffering assessments are subjective. Well-presented evidence and expert advocacy can mean the difference of hundreds of thousands in compensation.
