Unveiling the Limitations of Compensation Payout Calculators: Why Expert Legal Guidance Matters
In today’s digital age, seeking information and answers online has become second nature to many individuals. When it comes to personal injury claims in Queensland, people often turn to compensation payout calculators in hopes of quickly assessing the potential value of their claims.
These online tools promise to estimate compensation amounts and provide insights without the need for direct communication with a legal professional. We found that many calculators inserted exaggerated lump sums into their calculations, giving claimants false expectations.
1. Incorrect calculation for General damages
Most Queensland personal injury damages are assessed under two key pieces of legislation: the Civil Liability Regulation 2014 (Qld) and the Workers’ Compensation and Rehabilitation Regulation 2014 (Qld).
However, online calculators often fail to include all injury descriptions or even the various categories of injury outlined in the legislation. Consequently, the calculations generated by these tools do not provide an accurate representation of the damages one might be entitled to.
The scales of injury under Queensland legislation are updated and increased annually.
Consequently, the value of compensation for pain and suffering varies and must be assessed with reference to the dollar value of an injury scale value at the date of injury. Unfortunately, compensation payout calculators do not consider the date of injury, leading to inaccurate estimations.
2. Failure to consider important of Heads of Damage
In personal injury law, the categories of damages that a person may be entitled to are not limited. However, compensation calculators often only list a small number of the types of damages that a court may award. This limited scope fails to capture the full range of compensation that may be available under the law.
A very significant heads of damage is gratuitous care, which is often forgotten by those calculators. Assessing care provided as a result of accident-related injuries involves considering several factors, such as the duration of care, the number of hours per week care is provided, whether it is paid or unpaid, and the applicable commercial rates. Additionally, statutory and common law tests may apply to claims for care. Unfortunately, several identified online calculators do not account for care at all, further undermining their accuracy.
In personal injury claims, it is crucial to establish both injury and liability on the part of the respondent. If liability is denied or contributory negligence is alleged, the level of damages recovered is likely to be impacted. Compensation payout calculators assume 100% success, which is unrealistic. Real lawyers understand the complexities of liability and its potential impact on the final compensation amount.
4. Failure to consider reports from experts
Compensation claim calculators appeal to the desire for convenience in today’s fast-paced world. The allure of instant access to information without consulting an expert can be irresistible, particularly when one is injured. However, there is no substitute for considered advice from an experienced lawyer who is familiar with the intricacies of personal injury law. Specialists in this field undergo additional training and possess the expertise to provide accurate advice regarding the value of a claim.
5. What are the most important factors that really matter?
- Accident details
- Injury severity
- Pre-existing injuries
- Age and life expectancy
- Education and work history
- Impact on past income
- Impact on future earning capacity
- Required care (past and future)
- Medical expenses
- Future expenses
6. Seek the Guidance of a Lawyer
Instead of relying on potentially misleading and incorrect information found online, injured individuals are strongly encouraged to engage the services of Ascent Lawyers.
By choosing experienced legal professionals who specialize in personal injury cases, you can receive accurate and personalized advice regarding your entitlements. Ascent Lawyers understands the intricacies of compensation claims and will conduct a thorough investigation to identify all possible amounts that can be claimed on your behalf.
