Whiplash settlements
in Queensland.
Queensland courts value a neck injury on the Injury Scale Value. A driver hurt in heavy traffic on Caloundra Road in 2021 claimed nearly $850,000; the judge was not satisfied her shoulder injury was proved, gave an ISV of 5 for the neck, $8,100, and a total of $148,826.49. A young driver hurt in Bundaberg in 2022 received $24,370 for a moderate soft tissue neck injury, and $602,008.14 in all, most of it for lost earning capacity.
Facts that decide a whiplash claim in Queensland
| How pain and suffering is valued | General damages are fixed by an Injury Scale Value from 0 to 100, using the injury ranges in Schedule 4 of the Civil Liability Regulation, then converted to dollars by an indexation notice.MAIC, What can be claimed |
|---|---|
| Neck injury ranges | A minor cervical spine injury (item 89) has an ISV range of 0 to 4, with the top of the range for an injury that still causes headaches and some pain despite improvement.Norman v Hird [2025] QDC 44 |
| The insurer runs the defence | In a motor accident claim, the at fault driver’s CTP insurer is usually a defendant and conducts the case on the driver’s behalf.Ford v Baker [2025] QDC 43 |