“General damages”, “non-economic loss” and “pain and suffering” are phrases often heard in personal injury claims in Queensland. Each refers to compensation for the human impact of an injury — the pain, distress, and loss of enjoyment of life that can follow.
A recent decision of the Supreme Court of Queensland, Greenall v Amaca Pty Ltd [2026] QSC 16, has drawn attention to how these damages are assessed. The case confirms that when courts assess general damages at common law, they may consider comparable decisions from across Australia. This may influence how general damages are approached in Queensland claims in the future.
What are “general damages” or “non-economic loss”?
In straightforward terms, general damages compensate a person for losses that are not financial. Unlike medical expenses or lost income, these losses do not usually come with receipts or invoices.
They may include compensation for:
- Physical pain and ongoing discomfort
- Emotional distress, anxiety, or loss of dignity
- Loss of enjoyment of hobbies and everyday activities
- Reduced independence following a serious injury or illness
- The effect of injuries on daily life and personal relationships
While many people refer to these damages simply as “pain and suffering”, the concept is broader. It reflects the overall impact an injury has on a person’s life.
Why general damages awards in Queensland have sometimes appeared lower
Historically, court decisions have suggested that general damages awards in Queensland, particularly in serious injury matters, often sit toward the lower end when compared with similar cases in other Australian jurisdictions. New South Wales and Victoria, for example, have sometimes seen higher awards for comparable injuries.
There are several possible reasons for this pattern. These include the mix of cases that proceed to judgment, legislative limits that apply to some types of claims in Queensland, and the way courts use earlier decisions as points of comparison.
However, an important principle sits behind the assessment of damages at common law: Australia operates under a single common law system. It is not divided into separate systems for each State.
The significance of the Greenall decision
The decision in Greenall v Amaca Pty Ltd arose in a mesothelioma claim, but the reasoning extends beyond dust disease litigation.
The Supreme Court confirmed that when general damages are assessed at common law, courts may look to decisions from other Australian jurisdictions — including specialist courts and tribunals — when considering appropriate amounts for comparable injuries.
The underlying idea is straightforward. The experience of pain, loss, and reduced quality of life does not change depending on where a claim is brought. Courts may therefore consider how similar injuries have been valued elsewhere in Australia when determining damages.
Possible implications for future Queensland claims
For many years, defendants in Queensland claims have sometimes argued that interstate decisions should carry limited weight. The reasoning in Greenall challenges that approach.
The judgment supports the view that, where appropriate, Queensland courts may consider the broader national range of awards when assessing non‑economic loss, rather than relying only on older Queensland decisions.
This does not mean that every case will result in a higher award. The outcome in any matter will still depend on the evidence presented, including:
- The severity of the injury
- The duration and intensity of symptoms
- The effect on independence and day‑to‑day functioning
- The overall impact on quality of life
However, the decision indicates that courts may be open to considering a wider set of comparable cases when determining appropriate compensation.
The “human loss” component of serious injury claims
General damages can form a significant part of a compensation claim, particularly where injuries lead to lasting changes in a person’s life. This may include situations involving:
- Long‑term pain or disability
- Loss of mobility or independence
- Ongoing psychological distress
- Reduced ability to participate in family life
- A permanent reduction in enjoyment of everyday activities
In Greenall, the Court also recognised that losing the capacity to care for a loved one can contribute to a loss of enjoyment of life. For many injured people, the impact of an injury extends beyond employment and income. It can affect the ability to care for family members, maintain a household, or take part in meaningful personal roles.
Types of claims that may be affected
Although the case arose in the context of a dust disease claim, the reasoning about common law assessment of general damages may be relevant in a range of matters, including:
- Mixed WorkCover and Personal Injuries Proceedings Act (PIPA) claims where common law damages remain in issue
- Dust disease and other serious illness claims
- Some historical abuse matters where damages are assessed at common law
- Serious personal injury cases where courts are required to assess non‑economic loss
The central point is that when courts are assessing pain and suffering at common law, the analysis may draw on comparable decisions from across Australia.
Understanding how general damages are assessed in Queensland
There is no universal formula for calculating general damages. Each case depends on its own evidence and circumstances.
However, several practical points are worth noting:
- The type of claim matters. Some Queensland statutes impose limits on general damages in particular categories of cases.
- General damages focus on lived experience — how the injury has changed a person’s daily life.
- Evidence about physical symptoms, psychological impact, and loss of activities can play an important role.
- Comparable decisions from other Australian jurisdictions may increasingly be considered.
The decision in Greenall highlights that courts may look more broadly at national case law when assessing non‑economic loss. For people with serious injuries, this may influence how general damages are argued and evaluated in future Queensland claims.
