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If you’re injured because of someone else’s mistake, poor treatment, or carelessness, the costs can go far beyond hospital bills and lost wages. Injuries often leave lasting effects, from constant pain and reduced mobility to depression, anxiety and a loss of enjoyment in life. This is where pain and suffering compensation comes in.
Sometimes called general damages or non-economic loss, pain and suffering compensation covers the personal impact of your injury on your life. Because it’s not tied to receipts or invoices, pain and suffering claims can be harder to prove — but they can also result in substantial lump sum payouts, worth hundreds of thousands of dollars. In serious cases, you could receive millions.
Whether you’ve just been injured or you’re considering a claim, get in touch today. In a free consultation, our lawyers will listen to your story and explain how much pain and suffering compensation you could receive.
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Find out if you’re eligible for pain and suffering compensation today.
You may be entitled to pain and suffering compensation if your injury was caused by someone else’s ‘negligence’. In legal terms, negligence means a person or organisation had a duty to keep you safe but failed — either by acting carelessly or not taking reasonable steps expected of them.
For each of these claims, you’ll usually need to meet a minimum impairment threshold to qualify for pain and suffering compensation. This is assessed by an independent medical specialist, who gives you a rating of permanent impairment.
Depending on your state, it’s called a Most Extreme Case (MEC), WPI (Whole Person Impairment) or ISV (Injury Scale Value) rating. The higher your rating, the more compensation you may be entitled to. Use the table below to see which rules apply in your state.
State
Requirements for claiming pain and suffering compensation
NSW
At least 15% of the Most Extreme Case (MEC).
QLD
Injury Scale Value (ISV) of 1 or higher.
VIC
At least 5% Whole Person Impairment (WPI) for physical injuries or 10% WPI for psychological injuries.
SA
The injury must have impacted you for over 7 days or your medical expenses reach the ‘prescribed amount’ (currently around $5,130).
WA
Meet the minimum claim value (currently $25,500).
TAS
Minimum claim value must be met (currently $7,000).
ACT
None
How much can you get for pain and suffering?
A strong pain and suffering claim can result in a life-changing payout — hundreds of thousands of dollars, and in severe cases, even millions.
Many states set their own maximum limit on how much you can receive, so the final figure may depend not only on your injury but also where your claim is made.
The table below shows the current caps for each state as of 2024, with amounts adjusted each year to keep up with inflation.
State
Maximum compensation for pain and suffering
NSW
$761,500
QLD
No cap except for workers compensation claims ($442,195)
VIC
$713,780
SA
$478,500
WA
No cap
TAS
No cap
ACT
No cap
The exact amount of pain and suffering compensation you’ll receive depends on a few factors, including:
Your age at the time of injury.
The ongoing consequences of your injuries.
The treatment you’ve undergone to reduce your loss.
Current treatment and medication required to manage symptoms.
Medical evidence about the severity and long-term effects of the injury.
Any pre-existing or subsequent injuries that affect your recovery.
To learn more about how your payout is calculated, head to our pain and suffering compensation calculator. You’ll find a detailed breakdown of each state’s pain and suffering rules, including the way your claim is assessed and how much you can expect to receive.
Keep in mind, pain and suffering is just one part of your personal injury claim. You’ll also receive compensation for things like lost income, medical bills, at-home care and rehab. Depending on the severity of your injury and your previous income, this could be a substantial payout — far more than your pain and suffering compensation alone.
That’s why we always suggest speaking to a lawyer before starting your claim. We have the experience to identify every type of compensation you’re entitled to, so you receive the maximum possible payout for your injury.
How to claim pain and suffering compensation
If you’ve been injured because of someone else’s negligence, these four steps will help you start a claim for pain and suffering compensation:
Get medical treatment: Start by seeing your doctor to get a proper diagnosis and begin treatment. Make sure you also get a medical certificate outlining your injury, prognosis and treatment plan. Not only does this ensure your health is taken care of, but these reports will be essential evidence for your claim.
Report the injury: Next, report the injury to the relevant person or organisation. For example, if you were injured at work, that’s your employer. While for car accidents, you’d file a report with your state CTP insurer and the responsible driver’s insurer.
Keep a written record: It’s important to keep a written record of all your symptoms, feelings, and the injury’s impact on your everyday life. Since a pain and suffering claim is much more subjective than other types of personal injury claims, these detailed records are essential for showing the full impact of the injury on your life.
Speak to an expert lawyer: Get advice from a lawyer who specialises in pain and suffering claims. These claims are complex, and insurers often try to deny them — even when they’re valid. That’s why it’s so important to get expert help early. In your free consultation, we’ll explain whether you’re eligible, estimate how much compensation you could receive, and outline the steps ahead so you know exactly what to expect.
How long will my claim take?
Every pain and suffering claim is different, so there’s no set time that a claim takes to resolve. Some are finalised in as little as three months, while extremely complex negligence cases can take a few years. As a general rule, most pain and suffering claims are resolved in 6 – 18 months.
The exact amount of time will depend on several factors, including:
How severely you’re injured.
If your injury has ‘stabilised’, meaning it’s unlikely to change with time or further treatment.
Whether the other party or insurer accepts responsibility for the incident.
Whether the insurer is offering fair compensation for your injuries.
If your claim proceeds to court.
For a clearer idea of how long your pain and suffering lawsuit might take, get in touch today. Once we know the details of your story, we can provide a more accurate timeline.
Do I need a lawyer to get compensation?
While you can make a pain and suffering claim without a lawyer, we strongly suggest speaking to a legal expert before getting started. Without the right guidance, you could miss out on the full compensation you deserve.
A lawyer specialising in pain and suffering claims can guide you through every stage, including:
Free initial consultation: Your lawyer will assess whether you have a valid claim, estimate your potential compensation, and evaluate your chances of success. And the best part? At Monaco, we offer free consultations, so this part costs you nothing.
Handle negotiations: Dealing with insurers can be daunting. They have large legal teams whose job is to poke holes in your case and get you to settle for less than you deserve. With a skilled lawyer on your side, you won’t need to worry about this insurer pressure — your lawyer will handle all negotiations and advocate for the best outcome on your behalf.
Avoid delays: In our experience, insurers can unfairly stall or deny claims from unrepresented claimants. An experienced lawyer can counter these tactics, helping your claim proceed as quickly as possible.
Medical evidence: Strong medical evidence is crucial for proving negligence and building your pain and suffering claim. Your lawyer will gather and present reports, tests, and expert opinions to support your claim, while challenging any biased or unnecessary assessments from the insurer.
With the right lawyer by your side, you’ll avoid common insurer traps and have support from start to finish. We’ll make sure your claim is backed by strong evidence and meets all the requirements — so you can get the maximum compensation you deserve. To connect with an expert pain and suffering lawyer near you, visit our local offices page.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
To prove negligence in a pain and suffering compensation claim, you need to establish four things:
Duty of care: The responsible party owed you a legal obligation to keep you safe. Some duties are automatic, like doctor/patient or employer/employee relationships. In other cases, expert evidence may be needed to show a duty existed.
Breach of duty: The duty was breached through careless action or inaction, such as a mistake during surgery or an employer failing to provide proper safety equipment. This is measured against a ‘reasonable standard of care’. In other words, what a competent person would have done in the same situation.
Causation: Your injury or condition must have been directly caused by the breach, and it must have been a foreseeable outcome of the negligent act or omission. In other words, but for the person’s actions, your injury wouldn’t have happened.
Pain and suffering: You must demonstrate that the injury caused physical or emotional pain and suffering, beyond just financial losses.
Yes, you can claim pain and suffering compensation for emotional distress. This applies in two situations:
When your injury is purely psychological, i.e. depression or PTSD.
When a physical injury has caused a lasting mental or emotional impact.
To support an emotional distress lawsuit, you’ll need strong medical evidence. This usually comes from a psychologist or psychiatrist who can clearly outline the nature and severity of your condition. The sooner you seek professional help, the sooner your mental health concerns can be documented, which strengthens your case.
Additional evidence from family, friends, or witnesses who have seen the impact of your emotional distress can also be valuable.
When looking into your emotional pain and suffering lawsuit, courts will consider the impact on your life, including:
Your daily functioning, including any cognitive or psychiatric limitations.
Sleep difficulties.
Challenges with self-care or household tasks.
Restrictions on recreational, social, or work activities.
Effects on relationships and intimacy.
Inability to continue activities that once brought you enjoyment.
Yes, you can sue a hospital for pain and suffering compensation if its negligence caused your injury. For example, if an error happened during surgery due to poor hospital protocol, you may have a claim against the hospital.
However, suing a hospital isn’t straightforward. You’ll need to prove negligence, meet your state’s minimum impairment threshold, and build a strong case supported by compelling medical evidence.
Medical negligence claims are among the most complex personal injury cases because they require a detailed understanding of both medicine and the law. That’s why they’re rarely successful without specialist legal help.
A skilled lawyer can identify where the treatment went wrong, explain how it caused harm, and show it meets the legal definition of negligence. This combination of legal expertise and medical understanding is rare — but absolutely essential for successfully claiming pain and suffering compensation from a hospital.
If you’ve suffered poor treatment in a hospital, get in touch today. Our lawyers can explain your rights and whether you’re entitled to sue for pain and suffering compensation, free of charge.
You may be able to claim pain and suffering compensation for any diagnosed physical injury or illness that has a lasting negative impact on your life. In addition, you can also claim for pain and suffering without a physical injury. This is known as a ‘psychological injury’ or ‘pure mental harm’ case.
Common examples of injuries that qualify for pain and suffering compensation include:
Physical or bodily injuries
Back injuries.
Broken bones.
Brain injuries.
Repetitive Strain Injury (RSI).
Slip and fall injuries.
Eye injuries.
Loss of speech or hearing.
Loss of a limb or use of a limb.
Paraplegia or quadriplegia.
Physical illnesses
Stroke.
Cancer.
Multiple Sclerosis (M.S.) and other degenerative conditions.
Autoimmune diseases.
Heart conditions.
Chronic lung disease.
Psychological conditions
Anxiety.
Depression.
Post-Traumatic Stress Disorder (PTSD).
Schizophrenia.
Bipolar disorder.
Adjustment disorder.
Keep in mind, most states require you to meet a minimum impairment threshold before you can claim pain and suffering. This means very minor injuries, like mild whiplash or a sprained ankle, usually won’t qualify.
It depends on how serious your whiplash is. In many states, minor whiplash won’t meet the minimum impairment threshold required for pain and suffering compensation. If your symptoms are short-lived and don’t cause lasting problems, you may only be entitled to medical expenses and lost income.
However, if your whiplash leads to long-term pain, limited movement, or ongoing treatment, you may qualify for pain and suffering. An independent medical assessment will usually determine whether your injury is severe enough to pass the threshold.
For example, someone with mild neck strain that heals in a few weeks likely won’t be eligible for pain and suffering compensation. But a person who develops chronic neck pain and can no longer work full-time because of their injury may be entitled to whiplash pain and suffering compensation.
In most parts of Australia, you can sue for pain and suffering if you’re injured on the job due to your employer’s negligence. In addition to your lost income, medical expenses, and care costs, pain and suffering compensation is another part of your work injury claim.
The only exception is in NSW, where pain and suffering compensation usually isn’t available, even if your employer’s negligence caused your injury. The only workers who may still be eligible are emergency services staff, such as police officers, firefighters and paramedics.
Free Claim Advice
Speak to an expert lawyer about your situation today.
For anyone facing medical negligence issues, I highly recommend Monaco.
I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.
I would highly recommend Monaco for any cases of medical negligence.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
They were always ready to help with paperwork and answer any questions.
The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.
Easy and supportive define my experience with Monaco.
My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
They gave it their all and the result was even better than expected.
At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.
Pain and suffering claims are completely different from standard compensation claims. They rely heavily on your personal experience and how your injury has affected your life, so insurers can be quick to challenge them. That’s where our expert lawyers come in.
When you choose Monaco, we take the time to understand your story, your medical history, and the impact of your injury. Our lawyers know how to turn each of your personal experiences into clear, claimable losses.
We also work with a national network of medical experts who provide strong evidence backing up your claim. Since pain and suffering can’t be proven with receipts or scans, this evidence is absolutely crucial for securing the compensation you deserve.
Speak to us today for free advice on your pain and suffering compensation claim. Find out whether you qualify and the best way to secure the compensation you deserve.
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