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Can massage, chiro & personal training expenses be claimed in a personal injury compensation claim?

Towell v Mooney & Allianz Australia Insurance Ltd [2023] QDC 130

This issue was recently considered by the District Court of Brisbane in a motor vehicle accident trial involving Allianz Australia Insurance Ltd.

Relevantly, the court upheld the Plaintiff's past special damages claim for her "out of pocket" expenses relating to massage therapy, chiropractic treatment, personal training and medications to help treat her whiplash injuries from a car accident in 2019.

What Past Treatment Expenses Did the Plaintiff Successfully Claim?

The Court applied a 50% discount on the Claimant's personal past out of pocket expenses for these treatments, allowing the following past special damages claims (in addition to rehabilitation expenses to be refunded back to WorkCover Queensland, and her Medicare refund):

  • Chiropractic treatment $1,800.00

  • Massage therapy treatment $552.50

  • Personal trainer/gym expenses $5,234.67

  • Medication expenses $2,290.91

  • Travel expenses (global sum) $500.00

  • TOTAL: $10,378.08 plus interest of $639.31

What Future Treatment Expenses Did the Plaintiff Successfully Claim?

In addition to these past special damages, the Court also allowed the following future treatment expenses for the Plaintiff's whiplash injuries:

  • Massage therapy treatment $3,546.03

  • Chiropractic treatment $8,343.60

  • Gymnasium expenses $6,883.47

  • Medication expenses $9,903.85

  • Travelling expenses (global allowance) $1,000.00

  • TOTAL$29,676.95

Importantly, the Plaintiff was able to verify these expenses through receipts, and expert medical evidence confirmed that the treatment was both reasonable and appropriate in light of her injuries.

Ultimately, the Plaintiff was awarded a total of $285,122.63 in damages to compensate her for the injuries, loss and damage she suffered as a consequence of the motor vehicle accident.

If you would like to know more, please reach out to Sarah Sarinas and the team at Sarinas Legal.

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