Working with Heads of Damages

Each head of damages in the calculator represents a component of the claim. Some are simple lump sums; others have built-in calculations that use regulatory data like RBA rates, ABS earnings figures, and life expectancy tables.

Head Types at a Glance

Non-Economic Loss

Non-Economic Loss (NSW) CLA -- Enter the percentage of a most extreme case (MEC). The calculator looks up the corresponding dollar value from the current NSW Civil Liability Act table.
Non-Economic Loss (NSW) MVA -- Same approach, using the Motor Accidents table.
Non-Economic Loss (QLD) CLA -- Enter the Injury Scale Value (ISV) and select the injury period. The calculator looks up the appropriate Civil Liability Indexation Notice amount.
Non-Economic Loss (QLD) Workers Comp -- ISV-based calculation under workers' compensation legislation.

General and Other Damages

General Damages -- A simple lump sum entry. Used for jurisdictions or claim types where you enter the assessed amount directly.
Interest on Past General Damages -- Automatically pulls the General Damages amount and calculates interest using a rate, period, and optional midpoint method.
Aggravated Damages and Exemplary Damages -- Lump sum entries for these additional heads.
Loss of Chance -- Enter the full value and the percentage likelihood. The calculator returns the discounted amount.

Economic Loss

Eco Loss (Buffer) -- A lump sum buffer for economic loss where a precise calculation is not warranted.
Past Eco Loss (Earnings) -- Enter net weekly loss, the loss period (by dates or years), and an optional vicissitudes deduction. The calculator multiplies weekly loss by weeks and applies vicissitudes.
Past Lost Superannuation -- Automatically pulls the past economic loss total and applies the superannuation guarantee rate (currently 12%).
Future Eco Loss (Earnings) -- Enter net weekly loss, years until retirement, a discount factor (3% or 5%), and vicissitudes. The calculator applies the standard multiplier from actuarial tables.
Future Lost Superannuation -- Pulls the future economic loss amount and calculates super entitlements using lookup tables based on the period and whether the figure is gross or net.

Pre-Judgment Interest

Pre-Judgment Interest -- Sums past economic loss heads above it, then calculates interest. Supports two modes: a flat rate, or the precise RBA-based variable rate method that uses historical RBA cash rates plus 4%, calculated period by period.
Simple Interest -- A general-purpose interest calculator for any principal amount.
Complex Interest -- Compound interest with daily, monthly, or yearly compounding.

Out of Pockets and Future Costs

Out of Pockets (Lump Sum) -- A single dollar figure for past medical, travel, or other expenses.
Out of Pockets (Set Number) -- Unit cost multiplied by number of occasions (e.g. 12 physiotherapy sessions at $95 each).
Future Out of Pockets (Ongoing) -- Weekly cost discounted to present value over the claimant's remaining life expectancy, using age, sex, and life expectancy tables.
Future Out of Pockets (Set Period) -- Weekly cost discounted over a fixed number of years.
Present Value of a Deferred Cost -- Discounts a single future lump sum to present value (e.g. a future surgery expected in 5 years).

Attendant Care

Past Attendant Care NSW -- Calculates past gratuitous attendant care using ABS Average Weekly Earnings data for NSW, in accordance with section 15 of the Civil Liability Act 2002.
Past Attendant Care VIC -- Same approach using Victorian AWE data under the Wrongs Act 1958.

Utility Heads

Multi-Cost Claim and Gratuitous Services - General -- Allow you to itemise multiple sub-costs within a single head.
Lump Sum -- A simple dollar entry for any miscellaneous head.
Deduction and Cost -- Reduce or add to the total (e.g. for workers' compensation repayments or Medicare charges).
Total -- Sums all enabled heads into a grand total.

Managing Heads

Reorder -- Drag heads to rearrange the schedule. Dependent heads (like Interest on Past General Damages) will resolve from the nearest matching head above them.
Rename -- Add a custom label to distinguish multiple heads of the same type (e.g. "Past Medical - GP Visits" vs "Past Medical - Specialist").
Disable/Enable -- Toggle a head off to exclude it from the total without deleting it. Useful for showing alternative scenarios.
Delete -- Remove a head entirely. Dependent heads below will recalculate.
Comments -- Add notes or reasoning to any head. Comments appear in the detailed Word export.

Practical Tips

Most Common Heads for a Common Law PI Schedule

For a typical NSW common law personal injury claim, you will most often use:

General Damages (or Non-Economic Loss for statutory claims)
Interest on Past General Damages
Past Eco Loss (Earnings) and Past Lost Superannuation
Pre-Judgment Interest on past economic loss
Future Eco Loss (Earnings) and Future Lost Superannuation
Future Out of Pockets (Ongoing) for continuing treatment or medication
Past Attendant Care NSW
Total with an attributable discount where liability is in issue

Use the Toggle to Scenario-Test

Toggling heads on and off is one of the most useful features in the calculator. You can turn individual heads off to see the effect of knocking out different components -- for example, what happens to the total if the other side successfully argues against attendant care, or if vicissitudes on future eco loss are higher than you expected. This lets you role-play different scenarios you might face at mediation or trial without deleting anything.

Comments Carry Through to Export

Any comment you add to a head appears in the detailed Word export under "Comments / Reasons". Use this for recording your reasoning, flagging assumptions, or noting the basis for a particular figure. It saves you writing up your working separately.

Attendant Care: Mind the Riggs Threshold

When adding a Past Attendant Care NSW head, the calculator enforces the minimum threshold from Riggs: you need to claim at least six hours per week for the entitlement to arise under s 15 of the Civil Liability Act 2002. If you enter a figure below six hours, the calculator will flag it.

Draw on the Economic Loss Analyser

For past and future economic loss, the Economic Loss Analyser can do the heavy lifting. It calculates net weekly loss figures accounting for tax, super, and earnings trajectories. You can then enter those net weekly values directly into the Damages Calculator -- the two tools are designed to work together.

Next Steps

Exporting and Sharing -- Export your schedule as a Word document.
Tips and Common Scenarios -- Practical guidance for getting the most from the calculator.