What are my entitlements?

No two claims are the same, and the amount of compensation claimable varies according to the severity of the injury or illness and the effect that it has had on your life.

It is important to remember that just because a patient is not happy with the result of their treatment or they were not warned about every possible risk related to their treatment, it doesn’t automatically mean they will succeed in a medical negligence claim.

To discuss your injury or illness and find out more about your entitlements, call and speak directly to one of our expert injury lawyers on (03) 9321 9988.  Your first appointment is free and we offer a ‘No Win, No Fee’ service.

Common law claim

A claim seeking compensation for an injury/illness where negligence is involved is called a common law claim.  The compensation sought in a common law claim is called damages.

There are three main categories of damages sought in a medical negligence common law claim:

  1. Pain and suffering, or general damages – this is compensation for the pain and suffering you have endured and will continue to endure, and your loss of enjoyment of life;
  2. Past loss of earnings and future loss of earning capacity – compensation for wages and superannuation lost because you have been unable to work, and/or are unable to work into the future.
  3. Special damages – this is compensation to cover the cost of medical and like expenses as well as the cost of family members who have cared for you.

Go Back