General damages compensate for recognised non-economic consequences of an injury, including pain and suffering and loss of amenities of life. Their assessment depends on the applicable law.
Injury
Dennison v Brisbane City Council: Council liability and the section 36 test
A cyclist struck an unlit Council barricade before dawn. The Court of Appeal considered when a public authority’s conduct crosses the higher threshold imposed by section 36.
Bullock v Wraight: Surveillance, credibility, and damages in a motor vehicle injury claim
Surveillance footage showed a motor vehicle accident plaintiff undertaking activities said to conflict with her reported limitations. The Court of Appeal considered credibility, expert evidence, and damages.
Workers’ Compensation Lump Sum Offers & 20% Election
We are often contacted by workers that have been injured and received from WorkCover (or a workers’ compensation self-insurer) a Notice of Assessment offering a lump sum payment for their permanent impairment. This occurs when a person injured at work has received compensation from WorkCover and their statutory claim for benefits has come to an […]
WorkCover Psychological Claim Tips
A helping hand thanks to Delaney v Q-COMP, the 2019 legislative amendments, and Your Claim Lawyers In the 2018 to 2019 financial year, 55.7% of psychological injury claims were rejected by WorkCover Queensland.[1] This is compared to a 4.7% rejection rate for physical injuries in the same period. Many applicants that have sustained a psychological […]