Payouts for personal injury claims are generally kept confidential and are usually only public knowledge if a judge determines the appropriate amount. In Queensland, the largest personal injury claim is around $20 million dollars for a heart-breaking and serious brain injury where the claimant required constant care and assistance for the remainder of his life.
So personal injury claim payouts (or judgement awards, if the matter goes to trial) in Queensland can range anywhere from $0 – $20 million. Where you fall on the scale depends primarily on the nature and severity of the injury, and the difference between your earning potential prior to the injury and your future reduced earning capacity post-injury.
This page publishes statistics of the average compensation sums paid on account of personal injury claims and is updated annually. Alternatively, you can read our:
- table of permanent impairment payout amounts for statutory workers’ compensation claims
- article on actual results from workplace accident common law claims
- case law database of actual court decisions, searchable by plaintiff age, occupation, injury sustained, and more.
If you are thinking about making a claim for personal injuries, consider using our online compensation calculator or get a free claim check with a lawyer at Roche Legal to get an idea of what you may be owed.
Average Payouts for Queensland Motor Vehicle Accident Injury Claims
In Queensland, motor vehicle accidents historically generate between 7,000 and 8,000 CTP claims for personal injury each year, with more than half arising from accidents in Brisbane.
Working out a single “average” payout isn’t straightforward, however. Because the vast majority of claims (over 70%) are for minor injuries, and around 15% are for injuries of moderate severity, average payouts naturally climb the more serious the injury becomes.
The chart below shows average CTP claim payouts and the number of claims for motor vehicle accidents in Queensland per year, broken down by injury severity.
The data is sourced from the Compulsory Third Party (CTP) Personal Injury Register, maintained by the Motor Accident Insurance Commission (MAIC), and published by the Queensland Government. The figures reflect all finalised claims recorded as at the most recent reporting period.
Average Queensland Workplace Accident Injury Claim Payouts
In Queensland, there are between 3,000 – 4,000 common law claims for workplace injuries each year.
For workplace accidents, the latest data published by the Queensland Government indicates that the average common law payout for damages relating to a work injury is approximately $182,296. This is significantly higher than average statutory claim amount of $28,974.
Related: Learn about the difference between statutory and common law claims.
If a common law claim is not made, compensation is usually paid in the form of weekly benefits plus a lump sum at the conclusion of the claim if the injury is permanent. The lump sum amount depends on an assessment of permanent impairment by an independent doctor.
Average Queensland Public Liability Injury Claim Payouts
There are no regular or readily published statistics for public liability claim payouts in Queensland. However, the principles that underpin claims for personal injuries made under public liability insurance (such as slips, trips, and falls) are generally the same as damages claims for personal injuries made under other legislation.
One could infer from published statistics about workplace injuries and motor vehicle injuries that most payouts for public liability injuries range from around $80,000 to $350,000, and higher for more severe injuries.
Litigated outcomes give a sharper picture. Roche Legal’s quantum database currently records median damages of $284,722 across 4 Queensland PIPA Public Liability judgments in which the plaintiff recovered damages – see the filtered view.
Because damages for public liabilty claims are regulated by the Civil Liability Act 2003, which also regulates CTP claims made under the Motor Accident Insurance Act 1994, the damages are closely aligned.
What do the courts award?
The figures above come from insurance company data on claims that settle. But not every claim settles. Some proceed to a contested hearing, where a judge assesses damages. Those court judgments tell a different part of the story.
We maintain a database of Queensland personal injury judgments, extracting the damages actually awarded across motor accident, workplace, public liability and medical negligence claims.
Across the litigated matters where a plaintiff was awarded damages, the median award looks like this:
On a claim-type basis, court awards are: