Other · Personal Injury & Compensation

Non-economic loss workings

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.

Kind: Other. A precedent that fits none of the other kinds.
Where it applies: Victoria, Queensland, New South Wales
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 6 authorities it cites, for Victoria, Queensland and New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when a plaintiff firm turns a lawyer's impairment assessment, injury scale value or percentage of a most extreme case into a non-economic loss figure. The tool does not choose that assessment. Do not use the 2026–27 Queensland table for an injury that arose in another financial year.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

Once the lawyer has stated the percentage, the injury scale value or that the injury is deemed significant, the tool may apply the table or the notice and show the rounding.

AI may

Record the lawyer's percentage of a most extreme case, injury scale value, or deemed-injury finding, and nothing else in that field
Look up the New South Wales table percentage for that figure and multiply it by the maximum the lawyer confirms is in force
For an injury the lawyer says arose in the 2026–2027 Queensland financial year, add the base amount and the variable amount from the row that contains the lawyer's injury scale value

AI must not

Must not choose the percentage of a most extreme case, the injury scale value, or whether an injury is significant
Must not use the amount printed in Wrongs Act s 28G or Civil Liability Act 2002 (NSW) s 16(2) as the current maximum
Must not use the 2026–2027 Queensland table for an injury that arose in another year
Must not apply these tables to a transport-accident or workers-compensation assessment unless the lawyer says the table governs that claim

The lawyer checks

Victoria: confirm a significant injury under s 28LE and s 28LF, including the threshold level in s 28LB, before any non-economic loss is claimed
Use the gazetted equivalent of the s 28G amount. Gazette S 363 states $783,000 for Workplace Injury Rehabilitation and Compensation Act s 340(b)(ii) from 1 July 2026, and the note to Wrongs Act s 28HAAB says the s 28G amount is equivalent to that amount
New South Wales: from 1 October 2026 the declared maximum is $829,000. No damages below 15 per cent of a most extreme case. Round to the nearest $500, with $250 and $750 rounded up
Queensland: general damages are the base plus the variable amount fixed for the injury scale value for the period in which the injury arose

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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