Personal Injury Compensation in NSW: What Damages Can You Claim?

Quick Summary

In New South Wales, injured people may be entitled to claim compensation for pain and suffering, lost income, future economic loss, medical treatment, rehabilitation, and domestic assistance, not just immediate medical expenses. According to the NSW Judicial Commission’s Civil Bench Book, compensation is assessed under multiple legislative frameworks depending on the nature of the injury, with the primary framework being the Civil Liability Act 2002 (NSW).

What Are “Damages” in a Personal Injury Claim?

Damages are the monetary compensation awarded to an injured person for losses caused by someone else’s negligence.

As defined under section 4 of the Civil Liability Act 2002 (NSW), “personal injury damages” means damages that relate to the death of or injury to a person caused by the fault of another person. The Act sets out how each category of compensation may be calculated and assessed.

There are four main categories of damages in NSW personal injury claims:

Pain and Suffering (Non-Economic Loss)

Pain and suffering compensation (formally called non-economic loss) recognises the impact of an injury on a person’s quality of life.

According to section 4 of the Civil Liability Act 2002 (NSW), non-economic loss is defined to include pain and suffering, loss of amenities of life, loss of expectation of life, and disfigurement.

As outlined in the NSW Judicial Commission’s Damages chapter, the threshold for recovery of non-economic loss under section 16(1) of the Act is an injury assessed by the court to be at least 15% of a most extreme case. Factors considered when assessing non-economic loss include:

• Physical pain and ongoing discomfort
• Loss of enjoyment of life and recreational activities
• Psychological and emotional impacts
• The need for surgery or significant medical treatment
• Likely deterioration of the condition in the future
• Age of the injured person (a younger person typically has more future years affected)

Both past impacts and likely future impacts are taken into account.

READ MORE: How to Make a Motor Accident Claim in NSW

Medical and Treatment Expenses

Injured people can claim reasonable medical and treatment costs directly caused by their injuries.

Claimable medical expenses in NSW personal injury claims include:

• Hospital and surgery costs
• Specialist and GP consultations
• Physiotherapy and rehabilitation
• Prescription medications
• Medical equipment and aids
• Future treatment costs (where medical evidence supports ongoing care)

As noted by the NSW Judicial Commission, claims may also account for amounts owed back to private health insurers or workers compensation insurers where applicable.

Economic Loss and Lost Income

Economic loss refers to income lost because an injury affects a person’s ability to work.

Under section 12 of the Civil Liability Act 2002 (NSW), damages for past or future economic loss are subject to a statutory maximum based on the claimant’s weekly earnings. A claimant may be entitled to economic loss compensation if their injuries:

• Prevent them from returning to work entirely
• Reduce their working hours or capacity
• Limit the duties they can perform
• Reduce their future earning potential

How past economic loss is calculated: By comparing pre-injury earnings with post-injury earnings.

How future economic loss is calculated: Under section 13 of the Act, the court must consider the claimant’s prospects and likely adjustments — assessing the difference between what they could reasonably have earned without the injury versus what they can now earn going forward.

Superannuation losses may also form part of an economic loss claim.

Domestic Assistance and Attendant Care

Serious injuries often affect a person’s ability to manage everyday household tasks. NSW personal injury law recognises two categories of domestic assistance claims.

Gratuitous Care

Unpaid assistance provided by family members, friends, or partners. As set out in section 15 of the Civil Liability Act 2002 (NSW), no damages may be awarded for gratuitous attendant care services unless the court is satisfied that there is a reasonable need for the services, the need arose solely because of the injury, and the services would not have been provided but for the injury.

Paid Care

Services purchased from third parties, such as professional cleaners, gardeners, or support workers. Invoices and receipts are required as evidence.

Examples of claimable domestic assistance:

• Cleaning and laundry
• Gardening and home maintenance
• Personal care and hygiene assistance
• General household chores

READ MORE: Injury in a recreational activity or sporting event

How Are Future Damages Calculated?

Future damages are assessed using a combination of:

• Medical evidence: confirming ongoing treatment or care needs
• Employment and earnings history: establishing pre-injury earning capacity
• Expert opinions: from medical specialists, occupational therapists, or vocational assessors
• Actuarial calculations: projecting financial loss over the claimant’s expected working life

As explained by the NSW Judicial Commission, when assessing damages, consideration must be given to steps taken by the claimant to mitigate their loss and any reasonable steps that could have been taken, including undergoing treatment and undertaking rehabilitation.

Under section 14 of the Civil Liability Act 2002 (NSW), a prescribed discount rate applies to the calculation of future economic loss damages.

Why Evidence Is Critical to a Personal Injury Claim

The value of a personal injury claim depends directly on the quality of supporting evidence. Key evidence types in NSW personal injury claims:

• Medical reports and treatment records
• Employment documentation and tax records
• Receipts and invoices for care and assistance
• Expert medical and vocational opinions

Obtaining legal advice early helps ensure evidence is gathered and preserved while the claim is being prepared. 

The Personal Injury Commission of NSW administers dispute resolution for workers compensation and motor accident matters, while general negligence claims are typically resolved through negotiation, mediation, or court proceedings.

READ MORE: Coal mining brain injury – successful claim

How Whitelaw McDonald Can Help Maximise Your Claim

A personal injury claim may include far more than medical expenses.

Depending on your circumstances, you may be entitled to compensation for lost income, future earning capacity, pain and suffering, treatment costs, and domestic assistance.

Whitelaw McDonald Lawyers can assess your claim, explain your legal options, and help ensure all available damages are properly investigated. 

For personal injury and compensation matters, we are a no win, no fee lawyers firm. If we don’t win your claim, you won’t pay our legal fees.

Not sure if you have a claim? Use our free injury claim check tool to find out in minutes, or call us today for a no-obligation consultation:

• Newcastle (02) 4941 8999
• Central Coast (02) 4343 7000 
• Sydney (02) 9238 2120 
• Coffs Harbour (02) 6659 2077

Frequently Asked Questions

What damages can I claim in a personal injury case in NSW? 

Depending on circumstances, damages may include pain and suffering, medical expenses, rehabilitation costs, lost income, future economic loss, and domestic assistance. The Civil Liability Act 2002 (NSW) governs how each category is assessed.

Can I claim future medical expenses after an injury? 

Yes. Future treatment costs are recoverable where medical evidence supports the likelihood of ongoing care, treatment, or rehabilitation.

How is pain and suffering compensation calculated in NSW? 

Under section 16 of the Civil Liability Act 2002 (NSW), non-economic loss is assessed as a proportion of the statutory maximum, which applies once the injury is assessed at 15% or more of a most extreme case. Both past and future impacts on quality of life are considered.

Can I claim compensation for lost wages in NSW? 

Yes. If injuries affect your ability to work, you may claim both past and future economic loss under sections 12–14 of the Civil Liability Act 2002 (NSW), including lost wages and superannuation contributions.

Can family members be compensated for caring for me after an injury? 

In some circumstances, yes. Under section 15 of the Civil Liability Act 2002 (NSW), gratuitous attendant care services provided by family or friends may be compensable, subject to the statutory thresholds and evidence requirements.

Do I need a lawyer for a personal injury compensation claim? 

Legal representation is not required, but legal advice helps ensure claims are properly assessed, all damage categories are included, and evidence is sufficient to support the claim. For general legal information, LawAccess NSW (phone 1300 888 529) is a free government resource.