Serious car accident injuries can lead to extreme physical pain, psychological distress and limitations on daily activities. If you suffer a serious injury in a car accident caused by someone else’s negligence, you may be entitled to compensation for pain and suffering.
In Victoria, pain and suffering damages are only available in certain cases. Arnold Dallas McPherson Injury Lawyers (ADM) have extensive experience representing clients in Victoria car accident claims. We investigate rapidly and collect evidence thoroughly to identify the entitlements available to you.
Find out if you are entitled to pain and suffering after a car accident. Call ADM at 1800 242 588 today to discuss your legal options with a lawyer in Melbourne, Bendigo or anywhere in Victoria.
Frequently Asked Questions About Car Accident Pain and Suffering
Short answer is, we wouldn’t recommend it. In Victoria, pain and suffering damages are not calculated using a fixed mathematical formula. Online calculators cannot reliably account for the effects of serious injuries, statutory requirements, liability and the evidence involved.
Yes, these are entirely different types of damages under the TAC scheme. Statutory no-fault benefits include income support, which consists of weekly payments whilst you are unable to work following a car accident. Compensation for loss of earnings and loss of future earning capacity (known as pecuniary or economic loss) may be included in common law damages, but it is separate from pain and suffering and assessed differently by the TAC.
Yes. Being partly at fault doesn’t necessarily prevent you from making a common law claim, but contributory negligence can reduce damages for pain and suffering and other losses.
Yes, provided the psychological injury meets the definition of ‘serious injury’ used by the Transport Accident Commission (TAC). A psychological injury must be a ‘severe long-term mental or severe long-term behavioural disturbance or disorder’ in order to be considered a ‘serious injury’. A permanent whole person impairment of 30% or more also satisfies the serious injury threshold.
An initial TAC claim must be lodged within 12 months of the accident and a further two years can be allowed for lodgment at the TAC’s discretion. If you qualify for common law damages, you have 6 years from the date of the accident to make a claim for your pain and suffering.
The TAC states that the average common law claim takes around 12 months to settle after a serious injury application is lodged. However, the timing may vary depending on how long it takes for your injuries to stabilise, additional medical assessment requirements, the complexity of liability, the progress of settlement negotiations and whether Court proceedings are necessary.
What Is Pain and Suffering in a Car Accident Claim?
‘Pain and suffering’ is part of common law damages under Victoria’s transport accident compensation scheme. Also known as ‘general damages’, it is intended to compensate road accident victims for the adverse effects of an injury on their physical and psychological wellbeing. It includes compensation for physical pain and emotional distress, as well as loss of amenities and loss of enjoyment of life.
This category of damages is entirely distinct from the statutory benefits available through the TAC, such as medical and like expenses and income support. It doesn’t correspond to quantifiable expenses or financial losses. Rather, pain and suffering is assessed based on factors such as the severity of your injuries and their impact on your quality of life and independence.
Can You Claim Pain and Suffering After a Car Accident in Victoria?
Not everyone who is injured in a car accident in Victoria is entitled to pain and suffering damages. Common law compensation can include damages for pain and suffering, as well as past and future loss of earnings. You need to meet two requirements through the TAC to qualify:
1. You Meet the ‘Serious Injury’ Threshold
The term ‘serious injury’ has a specific legal definition under Victoria’s transport accident legislation. It includes an injury or combination of injuries resulting in:
- Serious long-term impairment or loss of a body function; or
- Permanent serious disfigurement; or
- Severe long-term mental or severe long-term behavioural disturbance or disorder; or
- Loss of a foetus.
A permanent impairment of 30% or more also qualifies as a ‘deemed’ serious injury.
2. The Accident Was Someone Else’s Fault
You also need to prove that another person, party or organisation was at least partly at fault for the accident. Usually, this is the driver of another vehicle, however some road accidents result from the negligence of multiple parties.
Proving negligence and serious injury can be difficult. Consulting a TAC accident lawyer can help you build a strong claim for compensation.
What Does the TAC Consider “Pain and Suffering”?
Pain and suffering damages may account for a wide range of non-financial consequences following a serious injury. These may include but are not limited to:
- Pain and discomfort from the injury
- Loss of mobility
- Difficulty performing everyday tasks
- Anxiety, depression and psychological trauma
- Inability to take part in favourite hobbies, sports and/or activities
- Loss of enjoyment in time with family and friends
- Impacts on sleep and ability to undertake activities of daily living
Many of these are subjective in nature and vary from individual to individual. A personal injury lawyer well-versed in the TAC scheme can evaluate the effects of a serious injury and give advice about the pain and suffering damages you may be entitled to.
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How Is Pain and Suffering Actually Calculated?
There is no formula for calculating pain and suffering damages after a car accident. A multitude of factors need to be assessed when determining what common law compensation may be available to a road accident victim.
Before you can pursue pain and suffering damages, your injury must first be legally recognised as serious. If your permanent impairment is assessed at 30% or more, the TAC automatically recognises your injury as serious. If your impairment is below 30%, you may still qualify by obtaining a Serious Injury Certificate.
When assessing a Serious Injury Application, the TAC will review your medical records, notes from treating doctors and hospitals, reports from medical specialists and other evidence. This process establishes whether you are eligible to pursue common law damages; it does not determine how much your pain and suffering is worth.
How Pain and Suffering Is Actually Assessed in Victoria
The value of pain and suffering damages depends on the individual circumstances of your injury and its effects on your life. Relevant factors may include:
- The nature and severity of your injuries
- Whether your injuries and resulting impairments are permanent
- The intensity and duration of your pain
- Medical treatment, surgery and rehabilitation requirements (both initial and ongoing)
- Restrictions on mobility and independence
- Effects on everyday activities
- Psychological and emotional consequences
- Effects on hobbies, relationships and enjoyment of life
Your lawyer and the TAC will negotiate an appropriate amount based on these and other factors. Previous decisions involving comparable injuries may also help lawyers assess the potential value of a claim, although every case is different. If an agreement cannot be reached and the matter proceeds to trial, the Court ultimately decides whether to award common law damages and how much.
Finally, pain and suffering damages in Victoria are subject to a statutory maximum. For the 2026–27 financial year, pain and suffering damages through the TAC may not exceed $701,620.
Why Similar Car Accident Injuries Can Result in Different Compensation
The amount of pain and suffering compensation is based on how an injury affects the individual, not simply the type of injury they sustained. Two people with the same injuries may be entitled to different amounts of common law damages due to the unique circumstances involved.
Consider two people who sustain spinal injuries in car accidents. One undergoes surgery and rehabilitation, eventually regaining most of their mobility and returning to their previous activities. The other develops chronic pain and permanent mobility restrictions that affect their independence, relationships and ability to participate in activities they previously enjoyed.
Although the initial injuries were similar, the second person experiences substantially greater long-term effects. These differences may be reflected in the amount of pain and suffering damages available.
The same principle applies to psychological injuries. Post traumatic stress disorder (PTSD) symptoms following a car accident may have relatively limited effects on one person’s daily life, whilst another person may be prevented from driving, travelling on their own or participating in social activities. These differences may be reflected in a payout for pain and suffering.
Client Testimonials
At ADM, we are real people helping Victorians find justice. You don’t have to take our word for it; we have received hundreds of 5-star reviews from real clients who entrusted their legal matter to ADM. See for yourself what to expect from Arnold Dallas McPherson Injury Lawyers, both as solicitors and as human beings.
Michelle & R.
Kelsey and the team at ADM Bendigo were very understanding and caring in relation to our case. We were treated with respect and everything was done to get the best possible outcome under the circumstances. We would highly recommend.
Peter R.
My dealings with staff at ADMcP were at all times supportive, professional, and above all successful. They’re a great group and I recommend anyone to them for any industrial/workplace injury issues.
Milian T.
Thanks a lot Shaun and whole team, you done great job! Highly recommended this expert. All the best my friend!
What Evidence Is Needed?
A variety of evidence may be needed to establish your eligibility for common law compensation and demonstrate how a serious injury has affected your life. This may include:
- Affidavit from you regarding the impacts of the injury on your life
- Notes from your GP
- Hospital records
- Specialist reports
- X-rays, MRI and CT scans
- Mental health assessments
- Physiotherapy and occupational therapy notes
- Employment records
- Statements from family, friends and colleagues
- Photographs documenting your injuries and recovery
- Witness statements
- Photographs of the accident scene
- A copy of the Victoria Police accident report
Documentation and other types of evidence can be difficult to gather on your own. You are probably focused on getting medical care, trying to figure out how you’ll pay your bills and adjusting to the impact of the injuries on your life. Seeking legal representation promptly can help preserve evidence and protect your right to compensation.
Are You Entitled to Pain and Suffering for a Car Accident?
You may be entitled to pain and suffering compensation if you were seriously injured in a car accident due to the negligence of another. Victoria’s TAC scheme has unique requirements for claiming common law damages. ADM has decades of experience navigating the process and seeking all available statutory benefits and additional compensation.
We believe it is our duty to explain clients’ legal rights in everyday language and offer calm, reassuring guidance in chaotic situations. This is key for achieving favourable outcomes and building authentic relationships with the people we serve.
Call ADM at 1800 242 588 today for a FREE claim assessment. Our car accident lawyers serve clients in Melbourne, Bendigo and all of Victoria from more than a dozen offices statewide.
