The Civil Liability Act 2002 limits the gross earnings that can be claimed in a loss of earnings assessment to three times the average weekly earnings in NSW. For higher-income plaintiffs, this cap can significantly reduce the damages available and must be correctly applied.

The hourly rate used to value attendant care in a personal injury claim is not set arbitrarily. It is derived from ABS average weekly earnings data and updated every six months. Getting the right rate for the right period is essential for an accurate care calculation.

The discount rate used in a personal injury compensation assessment directly affects how large the lump sum award will be. Understanding what 3% and 5% actually mean — and why the choice matters — is essential for anyone involved in a serious injury claim.

Interest can add a significant amount to a compensation award, but the rules governing pre-judgment and post-judgment interest are different. Here is what every plaintiff and their legal team needs to understand.