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General Damages in the Case of a Motor Vehicle Accident

This is not money to pay accounts. This is money to try to make up for your suffering because of someone else’s fault.

For example you can get general damages:

  • For pain and suffering
  • For shock
  • Because you now have a disability as a result of the accident
  • Because your face or your body was badly scarred (disfigured)
  • Because you cannot do things that you could do before the accident, like play sport, have children (loss of amenities of life)
  • Because your life may now be shorter (shorter life expectancy)

The claim for general damages is limited to ‘serious injuries’. A registered medical practitioner will assess claims for general damages for pain, suffering and disfigurement in the case of bodily injuries to see whether they fall into the catetgory of a ‘serious injury’.

The RAF does not pay compensation for ‘secondary emotional shock’, for example, if you were not involved in the accident but you witnessed it. You do, however, still have a common law right to claim against the ‘wrongdoer’ in cases like this and you can go to an attorney or Legal Aid to exercise this right.