Under the Wrongs Act 1958 (Vic), compensation is only payable if your injury was caused by the negligence of the proposed Defendant. Furthermore, aside from some limited exceptions, a person cannot get compensation for pain and suffering unless the injury results in a permanent physical impairment of greater than 5% or a primary psychiatric impairment of greater than 10%.

Impairment is measured using the American Medical Association Guides to the Evaluation of Permanent Impairment (4th Edition). In assessing impairment the Guides require an evaluation as to the permanency of the injury and consideration of defined medical criteria.

In simple terms this means that if the alleged negligence has not caused a permanent injury at the required level then compensation is not recoverable for pain and suffering, even if the Defendant was negligent.

Regardless of the level of impairment, compensation can still be claimed for loss of earning capacity and past or future medical expenses arising from injury caused by negligence.

For advice contact Galbally & O’Bryan.



How to contact our Office


Melbourne Office
259 William Street 

T (03) 9200 2533 


Dandenong Office 
Shop 9/147-151 Foster Street 

T (03) 9769 2510 


Pakenham Office 
Shop 1, 15 John Street 

T (03) 5941 7990 


The information on this website is of a general nature only and may not reflect recent changes to certain areas of law. It should not be relied upon as a substitute for discussing your situation with a qualified legal practitioner. Contact us for more information.