Case Summary: Murphy v Madill [2025] QSC 103

Keywords: Supreme Court Queensland, personal injury, damages assessment, economic loss, psychiatric injury, past and future loss, pain and suffering, CTP claim, Murphy v Madill, QSC 2025 

By Honest Grace Legal | Personal Injury Law | Aug 2025

Subject

Pre-Existing Psychiatric Conditions and Numerous Accidents, Lawyer awarded over 630k  

What Happened

Daniel Murphy ‘the plaintiff’ sought damages for personal injuries arising from two motor vehicle accidents. The first occurring 10 January 2017 where the plaintiff was not party to the accident but came across the incident on the way home whereby he found a man lying on the road surface. The plaintiff attended the scene and attempted to render aid, prior to the injured party passing away. The plaintiff suffered a psychiatric injury as a result.  

The second subject accident occurred on 28 August 2019. The plaintiff was driving his motor vehicle in a southern direction on the Pacific Motorway and was hit at rear by the second defendant. The plaintiff claimed an exacerbation of a psychiatric injury, in addition to physical injuries.  

Key Legal Issues

• What injuries were suffered by reason of each accident; and  

• What damages follow from each injury, particular given longstanding pre-existing psychiatric conditions and autism-spectrum disorder.  

What the Court Decided

Justice Williams awarded Mr. Murphy $635,146.81 in total damages. Such an award was provided, despite findings of ongoing pre-existing psychiatric conditions which had demonstrated issues with respect to earning capacity prior to the subject accidents.  

• Pain and Suffering: Mr. Murphy was awarded $17,150.00 for general damages, reflecting an ISV of 10 with respect to a moderate mental disorder.  

• Past Economic Loss: The Court did not accept that there was any loss of earning capacity as a result of the first accident given the psychiatric effects in the form of limited symptoms had settled prior to 2018. There was no demonstrated on an impact of work as a solicitor up to the second subject accident. It was further accepted that the pre-existing psychiatric conditions and ASD would have precluded him from obtaining work within a multi-practitioner legal practice. Despite such findings, the plaintiff was awarded $81,137.39 reflecting a loss of past earning capacity.  

• Future Economic Loss: Despite demonstrating potential modest earnings as a sole practitioner, a gross loss of $35,000.00 per annum was awarded, thereafter slightly increased and calculated to notional retirement of 65. Such calculations rendered an award for future economic loss of $331,432.49.  

Outcome

Mr. Murphy was awarded a total of $635,146.81  in damages for the injuries and losses he sustained from both subject accidents. This assessment was despite the plaintiff’s extensive pre-existing psychological injuries prior to the subject accidents, as well as the difficulties reflected in the plaintiff’s work as a legal practitioner prior to and during the subject events, primarily unrelated to the subject accidents.  

Why This Case Matters

This ruling affirms that longstanding pre-existing psychological conditions, as well as a less than favourable working history does not eliminate a person’s right to compensation for lost earning capacity or general damages. The court took a realistic and compassionate approach to valuing the contributions of a legal practitioner whose accident-related conditions further hindered his ability to practice in the legal profession.  

Key takeaways for future cases: 

• Courts will consider residual earning capacity, even in claimants with pre-existing conditions and those with less than favourable working history.  

Source

https://archive.sclqld.org.au/qjudgment/2025/QSC25-103.pdf