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Client’s often approach our offices with a folder containing hospital records, a few payslips, and the quiet belief that “R150 000 or R200 000 will probably settle it”. More often than not they leave shocked, not because of the claim, but because the law recognises injuries in a way most South Africans have never been taught.
A fractured spine does not only hurt today, but has an impact on tomorrow.
Two Separate Worlds of Compensation
South African delictual law has, for almost a century, divided damages into two distinct categories:
- Patrimonial (special) damages: anything you can put a rand value on today. Medical bills, hospital accounts, future surgery, loss of income or earning capacity.
- Non-patrimonial (general) damages: the invisible injuries. Pain and suffering, disfigurement, loss of amenities of life, shortened life expectancy.
Most people and, regrettably, many attorneys focus only on the hospital invoice and three months off work. That is the smaller half of most serious claims.
The Medico-Legal Report: Your Injury Translated into Evidence
In 2025 the courts will not award a single cent for future medical treatment or loss of earning capacity without expert evidence. Full stop.
A properly instructed medico-legal examination (usually by an orthopaedic surgeon, neurosurgeon, plastic surgeon, clinical psychologist or occupational therapist) answers three crucial questions the judge needs:
(a) What is the objective extent of your permanent functional loss?
(b) Does that anatomical loss translate into functional limitation in your scope of employment?
(c) What future treatment will you realistically require and what are the costs associated with such treatment?
The Actuary: Turning Tomorrow’s Risk into Today’s Money
Loss of earning capacity is almost never the salary you are missing today. It is the present value of the income stream you have been deprived of for the rest of your working life.
An actuary takes the medico-legal conclusions and applies four objective calculations:
- Pre-accident career path and probable earnings (taking into account Paterson or Peromnes grading and inflation-linked tables)
- Post-accident residual earning capacity (often zero in serious spinal or brain injury cases).
- Retirement age contingency (usually 60 or 65).
- A final assessment taking into account the surrounding circumstances in one’s life.
The difference, capitalised at the statutory rate, can easily run into millions. It is trite in law that these reports have become the basis in which a successful, comprehensive award may be granted upon.
General Damages: Putting a Price on a Broken Life
Pain and suffering awards have risen dramatically in the past five years. Quantum Yearbooks and the respected Quantum Conversion Tables now reflect:
- Severe brain injury with insight: Approxiamtely R2.2 million – R3.8 million
- Paraplegia: Approxiamtely R3.5 million – R4.8 million
- Loss of a limb above knee: Approxiamtely R2.4 million – R3.1 million
- Moderate traumatic brain injury: Approxiamtely R1.4 million – R2.2 million
These figures are not plucked from the air. They are the result of consistent judgments in the High Court divisions countrywide and are adjusted quarterly for inflation.
Why You Cannot Do This Alone
The Road Accident Fund, the insured driver’s attorneys, and even some short-term insurers will rush you with a quick, low offer before you have seen the right experts. Once you sign, the Road Accident Fund Act or a common-law release closes the door forever.
The Path We Walk With Every Client
- Immediate consultation.
- Scheduling of appointments with the appropriate specialists with whom we have long-standing relationships with the established professionals within Gauteng.
- Analysis of Full medico-legal and actuarial report in support of papers.
- Lodgement of a proper statutory demand or summons that reflects the true value of your claim.
If you have been seriously injured in a motor vehicle collision, a fall from height, medical negligence, or an assault, reach out to our litigation team today. Furnish our offices with the date in which the accident occurred, accompanied by a brief description and we will schedule a consultation in order to advise on the merits of your claim along with what it is likely to be worth.