Non-economic loss covers pain, suffering, loss of amenities and reduced enjoyment of life. Assessment depends on medical evidence, the individual's experience and state or territory rules, which may include thresholds. There is no universal cap or fixed award for emotional distress.
What non-economic loss covers
Non-economic loss refers to harm that is not a direct financial cost. For an injured child, it may include physical pain, limits on play and independence, and loss of expected life experiences. For a mother injured during birth, it may include pain, ongoing symptoms and effects on relationships or daily activities.
This category is separate from care, treatment or earnings, which are assessed as economic loss.
Evidence of suffering
Evidence comes from treating doctors, specialists and allied health reports, alongside statements from the injured person and family. For young children, parents often describe daily life, frustrations and limitations. Photos, school reports and therapy notes can help illustrate the reality of the injury.
State and territory thresholds
Damages legislation in many Australian jurisdictions affects how non-economic loss is assessed, and some require a minimum level of severity or impairment before an award can be made. The method, scale and any upper limits differ between jurisdictions and may change over time.
A local solicitor must investigate which rules apply based on where and when the care occurred. This page does not state amounts or caps.
Psychological effects
A distressing birth can have lasting emotional effects. However, a traumatic experience does not by itself establish a civil claim. A parent may have a claim for psychological injury only in certain circumstances, often requiring a diagnosed condition and meeting legal tests that vary by jurisdiction.
Regardless of any claim, support is available. Parents can speak with a GP, midwife or perinatal mental health service.
How assessment works
Courts compare evidence with legal scales and earlier decisions within the jurisdiction. Assessments consider severity, duration and how life has changed. Because rules differ, figures from other states or countries rarely translate directly.
For your next conversation
- Gather specialist reports describing pain, impairment and prognosis
- Keep a diary of activities the person can no longer do
- Ask whether a psychological assessment is relevant for a parent
- Ask which jurisdiction's thresholds apply
- Collect school or childcare observations about participation
Common questions
Can a mother claim for her distress after watching a difficult birth affecting her baby?
Possibly, but distress alone usually is not enough. Legal requirements may include a recognised psychiatric condition and other tests that differ by jurisdiction. A solicitor can explain the local rules, and support from perinatal mental health services is available regardless of any claim.
How can non-economic loss be assessed for a baby who cannot describe pain?
Evidence often comes from medical opinions about likely pain and limitations, plus family observations of behaviour, sleep and participation. Experts may project how the injury will affect future life experiences. Assessment follows the scales and thresholds in the relevant jurisdiction.
Sources & further reading
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.