Economic Loss

The majority of economic loss claims are often made up of past and future loss of earnings and superannuation.

Loss of earnings damages are calculated by comparing the income which a person would have received had their injury not occurred with those which they in fact are able to earn given the injury they have suffered. In particularly serious cases, a person may no longer be able to work at all.

Where appropriate, evidence can be obtained to show that a person would have increased their earning potential in the future, perhaps due to a career change or promotion. This may then result in increased damages.

In public liability or medical negligence cases, there is no cap on the overall amount which can be claimed for loss of earnings an superannuation, although there are some limits on the amount which can be claimed per year.

Also in public liability and medical negligence claims, economic loss includes other past and future out-of-pocket expenses such as medical costs, travel and the cost of care. These categories are not paid as damages in WorkCover or TAC cases as they form a separate entitlement under those schemes.