Tips and Common Scenarios

This guide covers practical tips for getting the most from the Damages Calculator, along with common scenarios you will encounter in personal injury practice.

Structuring Your Schedule

Follow a Logical Order

Arrange your heads in the order they would appear in a schedule of damages served on the other side:

1. Non-economic loss / general damages
2. Interest on past general damages
3. Past economic loss (earnings)
4. Past lost superannuation
5. Pre-judgment interest on past economic loss
6. Future economic loss (earnings)
7. Future lost superannuation
8. Past out of pockets (medical, travel, etc.)
9. Future out of pockets (ongoing treatment)
10. Past attendant care
11. Future attendant care
12. Deductions (workers' comp repayments, etc.)
13. Total

Use Custom Labels

When you have multiple heads of the same type, add custom labels to distinguish them. For example, if a claimant had two distinct periods of past economic loss (pre-surgery and post-surgery), add two "Past Eco Loss (Earnings)" heads and label them accordingly. The labels carry through to the Word export.

Common Scenarios

Best Case / Worst Case Schedules

Create multiple schedules on the same case to model different outcomes. For example:

• Schedule A -- Best Case -- Maximum non-economic loss percentage, full future economic loss to retirement, no vicissitudes deduction.
• Schedule B -- Realistic -- Moderate MEC percentage, vicissitudes at 15%, reduced future loss period.
• Schedule C -- Conservative -- Lower MEC, higher vicissitudes, buffer approach to economic loss.

This gives you and your client a clear view of the range before entering negotiations.

Mixed Past and Future Loss Periods

For claims where the claimant has partial capacity, you may need to split the past economic loss into periods. Add multiple "Past Eco Loss (Earnings)" heads with different weekly loss amounts and date ranges. The Pre-Judgment Interest head will sum them all when configured in "sum of heads" mode.

Deferred Future Costs

Use the "Present Value of a Deferred Cost" head for one-off future expenses that will occur at a known point -- for example, a knee replacement expected in 8 years. Enter the estimated future cost, the number of years deferred, and the discount factor. The calculator applies the standard deferred multiplier.

Workers' Compensation Repayments

Add a "Deduction" head for any amount that needs to be subtracted from the total, such as a workers' compensation lien or Medicare charge. The total will reflect the net figure.

Common Mistakes to Avoid

Forgetting the Midpoint Method for Interest

When calculating interest on past general damages, the midpoint method is usually appropriate because the loss accrued over time rather than as a lump sum on day one. If you forget to enable midpoint, the interest figure will be approximately double what it should be.

Not Checking the Discount Factor

Future loss heads default to a discount factor, but you should verify it matches the rate applicable in your jurisdiction. In NSW, the prescribed discount rate is 5% for most claims. Check the relevant legislation if you are unsure.

Overlooking Vicissitudes

The vicissitudes field on future economic loss defaults to 15%, which is a common starting point but may not be appropriate for every case. Consider the claimant's specific circumstances -- age, occupation, health history -- and adjust accordingly. For past economic loss, vicissitudes default to 0% (no deduction), which is correct in most cases.

Stale Regulatory Data

Claim Cal keeps regulatory datasets (RBA rates, ABS AWE figures, non-economic loss tables) up to date. However, if you are working on a claim from a prior period, double-check that the figures align with the version of the legislation and data that applied at the relevant time.

Workflow Tips

Use the Toggle to Role-Play Scenarios

One of the most valuable features is the ability to toggle heads on and off. Turn off a head to see what happens to the total if the other side knocks out that component -- for example, if they successfully argue against attendant care or challenge your future economic loss period. This lets you quickly model different outcomes without deleting anything.

Apply Attributable Discounts at the Total Level

Where liability is in issue, add a Total head and set an attributable percentage (e.g. 70%). The export will show both the full amount and the discounted figure, with the original struck through -- making it clear how much is at stake if attribution is reduced.

Draw on the Economic Loss Analyser

The Economic Loss Analyser calculates net weekly loss figures by comparing actual and but-for earnings, accounting for tax, super, and AWE growth. Once you have your net weekly loss values, enter them directly into the Damages Calculator. The two tools are designed to feed into each other.

Save Templates for Repeat Work

If you build similar schedules across multiple cases, save your set of heads as a template. For example, create a "NSW Common Law PI" template with General Damages, Interest, Past Eco, Past Super, Pre-Judgment Interest, Future Eco, Future Super, Future Out of Pockets, Attendant Care, and Total. Load it on a new case and you just need to fill in the numbers.

Add Comments for Export Transparency

Any comment you add to a head flows through to the detailed Word export under "Comments / Reasons". Use this to record the basis for your figure, flag assumptions, or note where a value came from (e.g. "Net weekly loss per Economic Loss Analyser -- FY2024 average"). This saves you writing up your working separately and gives the other side visibility into your methodology.

Choose the Right Interest Method

For pre-judgment interest, the calculator offers three options:

• Precise RBA variable rate -- Calculates interest period by period using historical RBA cash rates plus 4%. This is the most accurate method and produces a detailed appendix table in the export.
• Average RBA rate -- Uses an average of the RBA rates over the relevant period. Simpler, and reasonable where the rate has been relatively stable.
• Flat rate -- Set a rate manually. Useful for quick estimates or where you want to model a specific scenario.

For most matters, the precise RBA method is preferred because it is defensible and transparent. But if you are doing early-stage rough figures, a flat rate is fine -- you can always switch to precise later.

Next Steps

• Exporting and Sharing -- Export your finished schedule for use in practice.
• Economic Loss Analyser Overview -- For more detailed economic loss analysis, use the Economic Loss Analyser alongside the Damages Calculator.