Birth injury compensation may include past and future treatment, care, equipment, lost earning capacity and non-economic loss. It is available only if negligence and causation are established. Assessment rules differ by state and territory, and government recoveries may reduce net amounts.
Compensation depends on establishing a claim
Compensation is the final stage of a negligence claim, not the starting point. Before damages are relevant, a claimant generally must show an injury, that care fell below the expected standard, and that this shortfall caused or contributed to the harm. Whether a particular family meets those requirements is covered in our separate eligibility page.
Even where care was substandard, compensation relates only to losses caused by that care, not to conditions or needs that would have existed anyway.
Types of damages
Damages are usually divided into economic and non-economic loss. Each category requires its own evidence and may be assessed under different rules.
- Past and future medical, therapy and rehabilitation costs
- Paid and family-provided care and support
- Equipment, home modifications and transport
- Loss of earning capacity
- Pain, suffering and loss of enjoyment of life
- In some cases, a parent's own injury-related losses
Proving loss
Loss is proven with records, receipts and expert reports. For a child, future needs may be uncertain, so experts such as occupational therapists, care assessors, paediatric specialists and economists project likely requirements over a lifetime. Courts consider these projections alongside the chance that circumstances change.
Families can help by keeping invoices, therapy plans, correspondence and diaries of care provided at home.
Differences between jurisdictions
Each state and territory has its own legislation affecting personal injury damages. Rules may cover thresholds for non-economic loss, limits or conditions on family care claims, discount rates for future loss, and procedural steps. Time limits also differ. A local solicitor needs to identify the current rules applying to the place and date of care.
Recoveries and net compensation
Some government agencies may recover amounts from compensation. Medicare compensation recovery and NDIS compensation rules can affect the net sum and future supports. These should be explored before settlement so families understand what will remain for long-term needs.
For your next conversation
- Keep all receipts and invoices for injury-related expenses
- Gather therapy, school and specialist reports describing needs
- Record family care hours in a diary
- Ask which state's damages rules apply to your claim
- Ask about Medicare and NDIS effects before settlement
Common questions
Can compensation cover care our child will need after we are no longer able to provide it?
Future care needs, including paid care when family can no longer help, can form part of a damages assessment where they are linked to the negligently caused injury. Experts usually model changing needs across a lifetime. Jurisdiction rules affect how this care is valued.
Is there a standard compensation amount for a birth injury?
No. Amounts depend on the individual injury, proven needs, causation findings, jurisdiction rules and litigation risks. Published figures from other cases rarely reflect another family's circumstances. A solicitor working with loss experts can explain the factors relevant to your situation.
Sources & further reading
- NSW Limitation Act 1969 (opens in a new tab)
- NDIS: compensation calculator (opens in a new tab)
- Services Australia: Medicare compensation recovery (opens in a new tab)
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.