Damages

Damages is the legal term used to describe monetary compensation that may be awarded to a person who has suffered injury, loss, or damage as a result of another person’s conduct.

In Queensland compensation matters, damages are often considered after issues such as duty of care, breach of duty, and causation have been examined. The assessment focuses on the impact of the injury and the losses that have resulted.

Different types of damages may be available depending on the circumstances of the claim, the legislation that applies, and the evidence supporting the losses alleged.

What does Damages mean?

Damages is the legal term used to describe financial compensation awarded to recognise injury, loss, or damage suffered by a person.

The concept is commonly encountered in negligence and personal injury claims. Once legal responsibility has been established, attention often turns to the question of what losses have been suffered and how those losses should be assessed.

Damages may be awarded for a range of losses, including economic losses such as lost income, as well as non-economic losses such as pain and suffering where permitted by law.

Why do Damages matter?

Damages are important because they represent the legal mechanism through which compensation may be provided to an injured person.

Establishing negligence alone does not determine the amount of compensation that may be available. The nature and extent of the injury, together with its consequences, often play a significant role in the assessment.

• The nature of the injury;
• The impact of the injury on the person’s life;
• Any financial losses that have resulted; and
• The evidence available to support those losses.

Damages therefore form an important part of many compensation claims because they help quantify the consequences of the injury suffered.

How are Damages assessed?

The assessment of damages depends on the individual circumstances of the matter and the type of losses alleged.

Courts and insurers generally consider the evidence available to determine the nature, extent, and impact of the injury and whether particular losses can be attributed to it.

Different forms of evidence may be relevant depending on the claim, including medical evidence, employment information, taxation records, rehabilitation records, and expert opinions.

The weight given to particular evidence will depend on the circumstances of the matter and the issues in dispute.

What types of Damages may be available?

The types of damages available depend on the nature of the claim and the legislation that applies.

• Past economic loss;
• Future economic loss;
• Medical and rehabilitation expenses;
• Care and assistance costs;
• Pain and suffering or other non-economic loss; and
• Other losses recognised by law.

Not every category of damages is available in every matter, and different compensation schemes may impose different rules and limitations.

Examples of Damages

What evidence may be relevant?

The evidence relevant to damages will depend on the nature of the losses being claimed and the issues in dispute.

• Medical records;
• Treating practitioner opinions;
• Independent medical reports;
• Employment and payroll records;
• Taxation records;
• Receipts and invoices for expenses; and
• Evidence relating to care, assistance, or rehabilitation.

The relevance and significance of particular evidence will vary depending on the individual circumstances of the claim.

Relevant Queensland Legislation

The assessment of damages in Queensland may be influenced by both common law principles and legislation, depending on the type of claim involved.

The legislation relevant to a particular matter will depend on the circumstances of the claim and the compensation scheme involved.

Frequently Asked Questions