I think I have a personal injury claim; how much is my claim worth?
Published on March 27, 2026 by Heidi Shooks and Lucinda Gunning
When considering a claim for compensation arising out of a personal injury, it is important to consider liability (i.e. who is responsible) as well as quantum (i.e. what is my claim worth in damages).
Liability is important because we must be able to prove who is liable for your injury and why. This typically involves consideration of the question of whether someone has been ‘negligent’.
Quantum is important because we must be able to prove that a person has suffered some quantifiable loss (mentally, physically and/or financially) as a result of the alleged negligence.
In the event one of these two elements are not proven, a claim may not be viable.
To assess the value of any claim, we consider the following questions:
- What expenses have you incurred as a result of the alleged negligence?
- What expenses are you likely to incur in the future as a result of the alleged negligence?
- Have you lost income in the past as a result of the alleged negligence?
- Will you continue to lose income as a result of the alleged negligence?
- Have you required assistance and/or care with your activities of daily living as a consequence of alleged negligence?
- Will you continue to require assistance and/or care with your activities of daily living?
- Have you experienced pain, suffering, disability, and loss of amenity of life as a result of the alleged negligence?
To prepare a claim, we will obtain evidence, including from you, to support any losses which arise in response to the above questions. This might include collating receipts for expenses or commissioning a report from an expert(s) to obtain their advice on likely loss into the future.
When we are ready to finalise our quantification of a claim, we will prepare a Statement of Particulars, a Court document to set out the entirety of the claim. As to claims for future money (for treatment, care or lost income), the Court (in most jurisdictions) requires a discount to be applied for ‘vicissitudes’, being potential changes in circumstances which cannot be foreseen. This also considers the benefit of enjoying that money now and not in the future.
In the final stages of a claim, we provide our clients with advice regarding the value of their claim. While the Statement of Particulars sets out the entire value of a claim, it is often appropriate to apply discounts to the complete value of the claim to account for any liability risks associated with the claim.
In the event you believe that you have sustained an injury as a result of another person (or entity’s) negligence, we highly recommend you get into contact with one of our industry experts to discuss whether you might be entitled to compensation. Should you wish to seek legal advice, it is crucial to do so promptly to avoid your potential claim ‘expiring’.
This article was published on 27 March, 2026 by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 703 855 or via the Contact us page on our website. (www.codea.com.au). If you or a loved one has been injured, use our Personal injury Claim Check now.
