Methods of ascertainment of personal damage in Australia.

This chapter illustrates the historical, judicial and juridical framework of personal injury assessment and compensation in Australia, illustrating the expert’s qualification and competences and the ascertainment methodology for identifying, describing and estimating any personal injury, its temporary and permanent consequences and the causal value/link between the event and the injury and between the injury and the impairment. In particular, the chapter discusses the principles related to the assessment of personal injuries and impairment, both physical and psychiatric, when assessing the extent of damages resulting from traffic accidents and from wrongful injuries sustained in other compensable circumstances, such as medical malpractice, in Australia. The emphasis is on the medical methods of ascertaining the quantum of damages, which in Australia is generally undertaken in accordance with impairment rating instruments prescribed by statute.