Australian personal injury claim values are set by the relevant state's Civil Liability Act and, for motor injury, the state's Compulsory Third Party (CTP) insurance scheme, each with its own thresholds and impairment scales.
Australia is a federation; personal-injury law is overwhelmingly state law. Each state and territory operates its own Civil Liability Act and its own CTP insurance scheme for motor injury. The shared features are a statutory threshold below which general damages are not recoverable, a statutory cap above which they cannot be awarded, and an impairment-percentage assessment that sits at the centre of the assessment.
CTP schemes, Motor Accidents Injuries Act 2017 (NSW) administered by SIRA and icare; Transport Accident Act 1986 (Vic) administered by the TAC; Motor Accident Insurance Act 1994 (Qld) administered by the MAIC; analogues in WA, SA, Tas, ACT, and NT, each have different thresholds, benefit structures, and dispute-resolution paths. NSW and Victoria operate hybrid no-fault / common-law schemes; SA and ACT are pure CTP fault-based.
For non-CTP personal injury (workplace, premises, public liability), the relevant state Civil Liability Act and (in NSW) the Workers Compensation Act 1987 control. Limitation periods are generally three years from discoverability.
Indicative settlement values. Each row names its source or is marked as a MyClaimWorth estimate. These are starting points for valuation, not quotes for any specific case.
| Injury type | Band |
|---|---|
| Whiplash / soft tissue (minor) | AU$5,000 to AU$15,000MyClaimWorth estimate |
| Whiplash (1 to 2 years) | AU$15,000 to AU$50,000MyClaimWorth estimate |
| Back, moderate | AU$30,000 to AU$120,000MyClaimWorth estimate |
| Back, severe (surgical) | AU$120,000 to AU$600,000MyClaimWorth estimate |
| Concussion / mild TBI | AU$30,000 to AU$130,000MyClaimWorth estimate |
| Severe TBI | AU$300,000 to AU$750,000+MyClaimWorth estimate |
| Wrist or arm fracture | AU$15,000 to AU$80,000MyClaimWorth estimate |
| Workplace injury (state workers compensation) | Statutory lump sum by whole-person impairmentEach state scheme sets its own WPI threshold for access to common-law damages; below the threshold only statutory benefits are payable. |
| Medical negligence (non-fatal) | Injury-dependent; state civil-liability caps applyCivil Liability Act caps on general damages vary by state. |
State Limitation Acts
Western Australia: 3 years. Victoria: 3 years (6 years for some non-personal-injury matters). Special rules for minors, persons under disability, and dust-related injuries.
Each state's Civil Liability Act provides for proportional reduction. Several states impose enhanced reductions for intoxicated claimants or claimants engaged in criminal conduct.
Caps that bite on damages awards in Australia, ordered by impact.
Awards are calculated as a percentage of the most extreme case based on impairment.
Below threshold, only statutory benefits available.
Threshold of significant injury; calculated against statutory cap.
Statutory limit on the multiplier for future earning capacity.
Each has its own fault rule, filing deadline and caps. Pick yours for the local rules and the injury guides.
The procedural pathway from injury to settlement under Australia law.
NSW: claim form within 28 days for full statutory benefits. Vic: TAC claim within 12 months. Qld: notify MAIC insurer within 9 months.
Income support, medical and rehab, attendant care provided under the CTP scheme without proof of fault for the first 26 weeks (NSW) or for the duration in no-fault states.
Whole Person Impairment assessed by qualified medical practitioner under the relevant state guidelines (AMA Guides + state schedules).
NSW: >10% WPI for non-economic loss damages. Vic: significant injury threshold via TAC. Qld: ISV calculation under Civil Liability Regulation.
For above-threshold injuries, claimant pursues common-law damages, economic loss, non-economic loss, future care, future treatment.
NSW: Personal Injury Commission. Vic: TAC dispute resolution. Qld: pre-court conference under MAIA.
Most cases settle at mediation. Trial in District Court (Qld, NSW) or County Court (Vic) for remainder.
Reported decisions that shape the framework. None of these is a substitute for advice on your case.
Approach to discount for vicissitudes in future-loss calculations.
Probability-based assessment of future loss.
Triggered the wave of state Civil Liability Acts.
Short, direct answers to the questions people ask most.
Vocabulary that comes up in any conversation about claim value in this jurisdiction.
Every claim turns on its own facts: severity, prognosis, recovery time, the medical paper trail, lost income, the applicable cap, and the published band that most closely matches. The figures on this page are illustrative, not a quote. For representation, consult a solicitor or attorney qualified in Australia. See our disclaimer for the full scope of what we do and don't do.
