The severity of the injury
In a personal injury claim, the amount of compensation awarded to the victim is largely dependent on the severity of their injuries. In South Africa, compensation for personal injuries is typically divided into two categories: general damages and special damages. General damages compensate the victim for the pain, suffering, and loss of enjoyment of life caused by the injury, while special damages compensate the victim for the out-of-pocket expenses incurred as a result of the injury, such as medical bills, lost income, and rehabilitation costs.
To determine the compensation amount for general damages in a personal injury claim, the courts consider various factors such as the severity and duration of the injury, as well as its impact on the victim’s life. For example, a victim who has suffered a severe brain injury resulting in paralysis and an inability to work will likely receive a higher compensation amount compared to a victim who sustained minor bruises and could return to work immediately.
Contributory negligence is another factor that affects compensation for personal injury claims in South Africa. Contributory negligence refers to the victim’s negligence that contributed to the injury. For instance, if a pedestrian jaywalks across the road and is hit by a speeding car, the victim’s negligence in crossing the road in an unsafe manner may reduce the compensation amount awarded to them.
South African law applies the principle of comparative negligence, which means that the court determines the percentage of fault for each party and reduces the compensation amount accordingly. For example, if the court finds that the victim was 30% responsible for the accident, the compensation amount will be reduced by 30%.
Age and life expectancy
The compensation awarded in personal injury claims in South Africa is also influenced by age and life expectancy. Younger victims who have suffered injuries that impact their ability to work and earn an income for many years are likely to receive a higher compensation amount compared to older victims who are approaching retirement age or have a shorter life expectancy.
The courts consider the victim’s age and life expectancy when determining the compensation amount for future loss of earnings, medical expenses, and other long-term expenses. For instance, a 25-year-old victim who suffers a permanent disability that prevents them from working for the next 40 years will receive a higher compensation amount than a 60-year-old victim who suffers the same disability but has only 5 years until retirement.
Insurance coverage is another factor that affects compensation for personal injury claims in South Africa. In many cases, the party responsible for the injury will have insurance coverage that will pay for the victim’s damages. However, the compensation amount may be limited by the insurance policy’s terms and conditions.
For example, if the responsible party’s insurance policy has a maximum payout limit of R500,000 for personal injury claims, the victim may only receive up to that amount, even if their damages are worth more. Victims need to understand the insurance coverage available and seek legal advice to determine their legal rights and options for compensation.
In conclusion, several factors affect compensation for personal injury claims in South Africa. These include the severity of the injury, contributory negligence, age and life expectancy and insurance coverage. Victims need to seek legal advice from experienced personal injury lawyers to ensure that they receive fair compensation for their damages. Likewise, the responsible party needs to have adequate insurance coverage and take reasonable steps to prevent injuries from occurring. By considering these factors, South Africa’s legal system aims to ensure that personal injury victims receive the compensation they deserve while promoting the principles of fairness and justice.
This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)