What Am I Entitled To Be Compensated For If I Succeed In Establishing Negligence

WHAT AM I ENTITLED TO BE COMPENSATED FOR IF I SUCCEED IN ESTABLISHING NEGLIGENCE?

Damages in medical negligence claims in NSW are governed by the Civil Liability Act 2002 (NSW).

Compensation can be claimed for the following:

  • Pain and Suffering: This is subject to you being assessed as having a permanent impairment of at least 15% of the most extreme case.   Once you have been assessed as meeting this threshold, the amount of compensation you may be entitled to is subject to a scale with a statutory maximum. Your solicitor Catherine McKay will be able to explain this to you in detail.
  • Economic Loss: If you have suffered a past loss of earnings or are likely to suffer a future loss of earnings, you may be entitled to compensation for economic loss. This may include a claim for loss of superannuation.
  • Treatment Expenses: You may be entitled to compensation for treatment expenses incurred or those you are likely to incur in the future.
  • Care: If you are seriously injured as a result of the alleged negligence you may be able to claim for past and future domestic and/or personal care. Thresholds apply. Your solicitor Catherine McKay will be able to explain this to you in detail.