Non economic loss is a term used to refer to compensation (damages) which covers the elements of pain, suffering, disability and loss of amenity of life.
Damages may only be awarded for non-economic loss in South Australia if the initial threshold set out below is met.
The initial threshold requires an injured person (“claimant”) to be significantly impaired by their injury for a period of at least 7 days or to have incurred medical expenses of $2,750 (indexed in accordance with the Consumer Price Index).
The Court will also need to determine whether the claimant has established, on the balance of probabilities, that his or her injury resulted in non-economic loss, in terms of considering the claimant’s:
- Pain and suffering
- Loss of amenities of life
- Loss of expectation of life
For damages to be awarded for non-economic loss for personal injuries, other than personal injuries arising from a motor vehicle accident, damages must be assessed as follows:
- The claimant’s total non-economic loss is to be assigned a numerical value on a scale running from 0 to 60.
- If the injury occurred during 2002, the damages for non-economic loss are to be calculated by multiplying the assigned numerical value by $1,710.
- If the injury occurred during or after 2003, the damages for non-economic loss are to be calculated by multiplying the assigned numerical value by the amount specified in the rules.
However, injuries arising from a motor vehicle accident require the claimant’s total non-economic loss to be assigned a numerical value on a scale from 0 to 100.
The damages for non-economic loss are then calculated in accordance with the rules depending on the numerical value that has been assigned to the claimant’s total non-economic loss.
Generally, a person suffering a personal injury from a motor vehicle accident may only be awarded damages for non-economic loss if the numerical value assigned to the claimant’s total non-economic loss exceeds 10 on the scale.
If you require assistance or further information in relation to a compensation claim, contact us on 8523 8400 (Gawler) or 8211 6500 (Adelaide) to arrange an appointment for an initial no obligation consultation with one of our Injury Lawyers. Alternatively, send an email to firstname.lastname@example.org and we will contact you.