You can file an accident claim for damages not only if you are involved in an automobile accident, but also for other reasons like a fall or a slip, or even an accident at work. In such cases you are eligible to claim compensation for damages suffered by you. Any instance of whiplash injuries or injuries due to products being defective (or negligence of a third party) will be cause enough for you to file a claim for damages.

The legal term ‘general damages’ covers injuries which result in either the “loss of amenity”, or physical injury or pain, and such injuries vary in seriousness for each individual accident. “Loss of amenity” refers to the “..loss or reduction of a claimant’s mental or physical capacity to do the things he used to do”.

The accident claim may involve a case of severe injury to the spine, or a minor injury from a trip. You are also entitled to file an accident claim for psychological injuries like Post Traumatic Stress Disorder (PTSD) or even depression. It is quite difficult to place a value on “general damages” where the injury is intangible, because this has to be evaluated against factors such as:

- Loss of future earnings
- The pain and trauma you must have suffered and are still going through
- The extent of financial and loss of bodily functions which the loss of amenity has put you through.

The extent to which the injury has prevented you from enjoying your normal life is very difficult to calculate. This means that the quantum of compensation involved in such an accident claim is also hard to quantify. In such cases the diagnosis of medical or psychological experts may be requested, and a realistic compensation figure may be arrived at.

Naturally, the level of compensation awarded significantly differs in such cases due to the individualistic nature of the injuries involved. The term ‘special damages’ applies to specific injuries which have resulted from the accident.

The quantum of pecuniary loss can be calculated since the earnings before and after are known. Other instances for eligibility to file an accident claim are:

- Charges paid to professional nurses and medical assistants to take care of your post-accident needs
- The unpaid or “ex gratia” care given to you by your friends and relatives can also be indented.

Not only are you eligible for compensation of the professional charges, but also for the conveyance expenses to and fro the hospital and many other relevant expenses. To come up with the ballpark compensation figure will require a study of precedents, and also your projected financial loss as per the opinion of the ‘experts’.

Also note that the claimable sum will be dependent on the insurance cover you have taken out and the history of your insurance premium payments.