If you’ve been injured in a public space by slipping on a supermarket floor, tripping over broken pavement, or being attacked by a dog, you’re likely wondering what compensation you could receive. It’s a fair question.
Public injuries often come with more than physical pain. There’s medical treatment to pay for, income you may have lost, and disruption to everyday life. When that harm is caused by someone else’s negligence, Victorian law may entitle you to financial compensation.
Carbone Lawyers help clients understand their rights under the Wrongs Act 1958, the principal law that governs personal injury claims for negligence, excluding workplace or transport accidents. We aim to explain what compensation you can claim, the thresholds you must meet, and the limits the law imposes.
What Types of Compensation Can Be Awarded?
The Wrongs Act allows for several categories of compensation (also known as damages). These include:
Economic Loss
- Loss of earnings (past and future)
- Loss of earning capacity
Non-Economic Loss
Also known as general damages, these refer to:
- Pain and suffering
- Loss of amenities of life
- Loss of enjoyment of life
Gratuitous Attendant Care
- Unpaid care or domestic services provided by others due to your injury
- Nursing, cleaning, and other services required during recovery
Loss of Capacity to Provide Gratuitous Care
- If you previously provided care to dependants (e.g. children, elderly family), you may be compensated for losing that ability due to injury
Medical and like expenses
- If you require surgery, allied health, GP attendances (etc), these can be covered off in your claim
Each category usually comes with its own legal requirements and thresholds.
Thresholds That Must Be Met to Claim Damages
The Wrongs Act requires claimants to meet specific thresholds before some types of compensation can be awarded.
For Non-Economic Loss (Pain and Suffering)
You must prove that your injury is “significant.” This means:
- 5% or more whole person impairment for spinal injuries
- More than 5% impairment for other physical injuries
- 10% or more for psychiatric injuries
Some injuries, such as the loss of a breast or a fetus, are automatically considered significant under the Wrongs Act. For others, you must undergo a formal assessment by a qualified medical practitioner and/or the Medical Panel.
For Gratuitous Attendant Care
- The care must be provided at least 6 hours per week,
- And for a minimum of 6 consecutive months
For Loss of Capacity to Provide Gratuitous Care to Dependants
- The care must have been provided before the injury
- The dependant must not be capable of providing it themselves
- The care would have been provided for 6+ hours per week for at least 6 months
These criteria act as gateways to accessing compensation – without meeting them, your claim for these categories will not proceed.
What Are the Maximum Compensation Limits?
The Wrongs Act also imposes caps, maximum amounts you can be awarded for each category of loss.
Cap for Non-Economic Loss
- The statutory maximum for general damages (pain and suffering) is indexed annually.
- For 2025, it is approximately $722,000.
- Only those with the most severe injuries receive amounts close to this cap.
Cap for Economic Loss
- The weekly amount is capped at three times the average Victorian weekly earnings at the date of award.
Cap for Gratuitous Attendant Care and Loss of Capacity to Care
- If care is required 40+ hours per week, the cap equals average weekly earnings.
- If less than 40 hours per week, the rate is capped at one-fortieth of the average weekly earnings per hour.
These caps exist to balance fair compensation with consistency across claims.
Why People Often Receive Less Than They Deserve
Insurers are not there to protect your interests. They aim to resolve claims quickly and at the lowest cost possible. Often, they’ll argue that your injury isn’t significant, or downplay the extent of your losses.
We regularly meet clients who have been offered settlements before their injury has even stabilised, long before they understand the full medical or financial consequences. Once accepted, these early settlements can’t usually be undone.
Carbone Lawyers don’t let insurers short-change our clients. We work with leading medical assessors to ensure your impairment is fairly rated.
Frequently Asked Questions
Do I need to go to court?
Not usually. Most cases settle through negotiation. If it does go to court, we’ll represent you throughout the process.
Who pays the compensation?
Your claim is usually paid out by an insurer, not a person or business directly.
What if I was partly responsible?
You may still be entitled to partial compensation. The law considers degrees of responsibility, and concepts of “contributory negligence”.
Is there a time limit?
Yes. You usually have 3 years from the date of injury to start your claim. There are exceptions to this. Don’t delay.
Can I afford a lawyer?
Yes. We operate on a No Win, No Fee basis. If your claim is unsuccessful, you pay nothing.
Don’t Leave Compensation to Chance
Understanding the caps and thresholds under the Wrongs Act is essential to making an informed decision. But even more important is acting early, before evidence is lost or deadlines are missed.
Carbone Lawyers know the system inside out. We’ve helped thousands of injured Victorians get the results they deserve. Let us help you make sure no opportunity is missed, and no insurer offer goes unchallenged.
Don’t settle for less. Get Carbone on the phone.
