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The overall amount that you may be entitled to under General Damages is difficult to determine as it is paid for the physical pain and suffering (i.e. the actual damage – such as a whiplash neck injury or something more serious) that you encounter as a direct result of the accident you had.

You may also be allowed to claim for emotional pain and loss of enjoyment of life as part of General Damages. Finally, if the pain and suffering you encounter as a result of your injury causes you to suffer psychological disorders, such as depression, then this may also be included in your compensation claim.

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  1. Although General Damage sums awarded by a court will be dependant on their set guidlelines, the details of your medical report detailing the extent of the whiplash, the actual injuries caused, and the possible harm it has had on your emotional state will, all play a pivotal part in the whiplash injury claim.
  2. Special Damages For Whiplash.
  3. Unlike General Damages, Special Damages can be fixed to some degree and are payable to you as a result of you having encountered certain special losses because of the accident.

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In particular, Special Damages are payable on any loss of earnings (including any potential loss of future earnings as a result of the accident) you may have to endure while you recover from the accident; car hire expenses you have to pay as a result of your car being in the repair shop; if you have to pay someone to look after you while you recover from your whiplash, these can be recovered; and if you have paid for medical attention to treat the injury, you can also include these in your claim.

If you want to claim for Special Damages you need to keep a careful track of all the payments you have made and where possible you'll need to have receipts.

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Insurance Settlement.

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