Quality of life damages—amount that may be awarded
243 Quality of life damages—amount that may be awarded
The amount of quality of life damages that may be awarded to a claimant is—
the amount stated in table 243 as at the date of the WPI report that the claimant relies on for the motor accident claim; and
an additional amount that is not more than 20% of the amount awarded under paragraph (a) if the court considers that the WPI report that the claimant relies on for the motor accident claim did not take into account a particular injury, or a particular effect on the claimant’s quality of life.
Example—particular effect on claimant’s quality of life chronic pain
Table 243 Amount of quality of life damages payable column 1 item column 2
WPI % column 3 amount payable
1
10%
$25 000 AWE indexed
2
11% to 20%
3
21% to 50%
4
51% to 99%
5
100%
$500 000 AWE indexed
AWE indexed, for an amount—see s 18.
However, the court must not award an additional amount under subsection (1) (b) if the claimant is awarded damages for the particular injury or particular effect on the claimant’s quality of life under another head of damages.
The maximum amount that may be awarded to the claimant for quality of life damages and additional damages is $600 000 AWE indexed.
In this section:
W means WPI/100% x 100.
Example if a person’s WPI is 10%, the corresponding W is 10
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.