---
title: "Apply the statutory table for non-economic loss damages"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages"
type: "task"
site: "AI Law Framework"
id: "A21-SB20261022-4"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Apply the statutory table for non-economic loss damages

> Once the lawyer has stated a percentage of a most extreme case, set out the statutory steps for damages for non-economic loss and calculate the table result from that percentage. Show the rounding.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Once the lawyer has stated a percentage of a most extreme case, set out the statutory steps for damages for non-economic loss and calculate the table result from that percentage. Show the rounding. Do not choose the percentage. The lawyer names the statute. Where it is the Civil Liability Act 2002 (NSW), the steps and the table are s 16, and the maximum used in the calculation is the indexed maximum the lawyer supplies. |
| What the lawyer must review | The lawyer decides the severity as a proportion of a most extreme case and confirms the indexed maximum before the figure is used. Section 16(2) states a maximum of $350,000. The note to the section says that maximum is indexed each year under s 17. The lawyer uses the indexed amount, not the figure printed in s 16(2), unless the lawyer has confirmed that the printed figure is the current maximum. Section 17 was not opened. The lawyer writes any damages schedule that will be served. Other jurisdictions are checked on their own Act. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Table applied to the lawyer's percentage**

The tool applies the statutory table after the lawyer states the percentage and the current maximum. The lawyer adopts the figure.

- What the AI does: Once the lawyer has stated a percentage of a most extreme case, set out the statutory steps for damages for non-economic loss and calculate the table result from that percentage. Show the rounding. Do not choose the percentage. The lawyer names the statute. Where it is the Civil Liability Act 2002 (NSW), the steps and the table are s 16, and the maximum used in the calculation is the indexed maximum the lawyer supplies.
- What the lawyer does: The lawyer decides the severity as a proportion of a most extreme case and confirms the indexed maximum before the figure is used. Section 16(2) states a maximum of $350,000. The note to the section says that maximum is indexed each year under s 17. The lawyer uses the indexed amount, not the figure printed in s 16(2), unless the lawyer has confirmed that the printed figure is the current maximum. Section 17 was not opened. The lawyer writes any damages schedule that will be served. Other jurisdictions are checked on their own Act.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Start from no damages unless the severity is at least 15 per cent of a most extreme case, where s 16 applies.
2. Use the indexed maximum the lawyer supplies. Treat the $350,000 printed in s 16(2) as the figure in the section, and the note as the direction to index it under s 17.
3. Round the table amount to the nearest $500, with $250 and $750 rounded up, as s 16(4) states.
4. Where the proportion is greater than 33 per cent, the amount payable is the same proportion of the maximum amount, as the note states.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Civil Liability Act 2002 (NSW) s 16](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s16.html) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Schedule of damages for a personal injury claim](https://ailawframework.com/precedents/personal-injury-and-compensation/schedule-of-damages.md) | Court document | Yellow | Heads of damage for a plaintiff claim, with the Victorian, Queensland and New South Wales limits, in a form that can be adapted to a Queensland statement of loss and damage. |
| [Non-economic loss workings](https://ailawframework.com/precedents/personal-injury-and-compensation/non-economic-loss-workings.md) | Other | Yellow | Workings for pain and suffering and loss of amenities: the Victorian threshold and gazetted cap, the Queensland injury scale for 2026–27, and the New South Wales proportion of a most extreme case. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages/queensland.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/apply-the-statutory-table-for-non-economic-loss-damages/victoria.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*