General Damages

General damages are a category of compensation for the non-economic consequences of an injury. They are commonly associated with pain and suffering, loss of amenities of life, and other recognised effects of an injury on a person’s wellbeing.

In Queensland personal injury matters, general damages are distinct from compensation for financial losses, such as lost earnings, medical expenses, or the cost of care.

The way general damages are assessed depends on the type of claim and the legislation that applies. Different statutory frameworks can produce different assessments, even where injuries appear similar.

What are general damages?

General damages are an amount awarded for recognised non-economic loss resulting from an injury.

Unlike financial losses, which may be calculated by reference to earnings, invoices, or other monetary evidence, general damages concern the personal effects of an injury that cannot be measured directly in dollars.

These effects may include physical pain, psychological suffering, reduced enjoyment of everyday activities, and the loss of abilities or experiences that formed part of a person’s life before the injury.

General damages are one component of a broader damages assessment. They do not represent the total amount that may be recoverable in a personal injury claim.

What do general damages compensate for?

General damages can encompass several recognised forms of non-economic loss, depending on the applicable legal framework.

The existence and extent of these effects must be considered in light of the evidence and the legislation governing the particular claim.

How are general damages assessed in Queensland?

General damages are not ordinarily calculated by adding together individual amounts for each symptom or inconvenience caused by an injury.

Instead, an assessment is made of the recognised non-economic consequences of the injury as a whole, subject to the rules governing the particular type of claim.

Relevant considerations may include the nature and severity of the injury, the duration of symptoms, the extent of any permanent impairment, the effect on everyday activities, and the likely future consequences.

In many Queensland personal injury matters, the assessment involves an Injury Scale Value, commonly referred to as an ISV.

What is an Injury Scale Value (ISV)?

An Injury Scale Value is a numerical assessment used within certain Queensland statutory frameworks to assist in determining general damages.

The applicable injury scale provides categories and ranges for different injuries. The assessment considers the relevant injury, its severity, and other matters identified by the governing legislation.

An ISV is not itself a dollar amount. It is used in conjunction with the applicable statutory framework to determine the monetary amount of general damages.

Do general damages differ between types of claims?

Yes. Although the underlying concept of general damages is similar, the legislation governing their assessment can differ according to how the injury occurred and the legal basis of the claim.

It is therefore important to distinguish between the general legal concept and the particular rules governing the assessment in an individual matter.

What is the difference between general damages and economic loss?

General damages and economic loss compensate for different consequences of an injury.

General damages concern recognised non-economic effects, such as pain, suffering, and loss of enjoyment of life.

Economic loss concerns financial consequences, such as lost earnings or reduced earning capacity resulting from an injury.

For example, an injured person may experience ongoing pain that affects their ability to participate in recreational activities. Those effects may be relevant to general damages. If the same injury also reduces their ability to work and earn income, that financial consequence may be relevant to economic loss.

Both categories may arise from the same injury, but they address different forms of loss.

Examples of general damages

What evidence may be relevant to general damages?

The assessment of general damages depends on evidence concerning the nature of the injury and its consequences.

• Medical records and clinical histories;
• Specialist medical reports;
• Evidence concerning the severity and duration of symptoms;
• Medical opinions about prognosis and permanent impairment;
• Psychological or psychiatric evidence, where relevant;
• Evidence about changes to everyday activities and recreation;
• Statements describing the practical effects of the injury; and
• Other evidence relevant to the injury’s past and likely future consequences.

The evidence required will depend on the type of injury, the issues in dispute, and the statutory framework governing the assessment.

Relevant Queensland legislation

The assessment of general damages in Queensland personal injury matters is regulated by different legislation depending on the type of claim.

The legislation that applies depends on the nature of the claim, the circumstances of the injury, and the law applicable at the relevant time.

Frequently asked questions