What Damages are Available for a Personal Injury Claim in New South Wales?

18 Aug 2021

When you suffer an injury in an accident caused by the fault of another person, you may be entitled to claim damages for losses suffered as a result.

Whether or not you are entitled to make a claim for Common Law Damages depends greatly on the circumstances of your accident.

Different rules apply to a claim depending on its nature. For instance, laws regulating damages claims for motor accidents, workplace accidents, and public liability are all different.


Depending on the nature of your claim, you may be entitled to compensation for your losses. Losses may include medical expenses, past and future loss of earnings, pain, and suffering, and care.

Restricted access to personal injury claims

The damages claimable for a personal injury claim have been, in some circumstances, restricted by legislation. For example, under Motor Accident Law or Workplace Accident Law, critical impairment thresholds must be met before an entitlement to claim damages exists. Even then, if a claimant successfully navigates this gateway, damages are restricted.

For a workplace injury, only damages for past loss of earnings and any likely future loss or deprivation of earning capacity may be claimed.

For injuries arising from a motor vehicle accident, damages are limited to non-economic loss (pain and suffering) and economic loss.

Claiming damages

In light of the above, you may recognise that claiming damages is not a simple task. To receive fair compensation, you must have the appropriate evidence. Frisina Lawyers has the experience and know-how to navigate the various laws to obtain the compensation you deserve.

Frisina Lawyers in Sydney, Liverpool, New South Wales has the expertise in Personal Injury Law and the specialist staff that recognise the detrimental effects a personal injury can have on one’s wellbeing. Please call us for a no-obligation consultation on 02 9602 4999. To know more about us, visit https://www.frisina.com.au/.

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