What can I claim for personal injury?

Past medical and hospital expenses
Future medical expenses
Past loss of earnings
Future loss of earnings
General damages
Past medical and hospital expenses

All medical expenses incurred as a result of the accident and up to the date of settlement of the claim with the RAF can be recovered from the RAF, provided that they can be proved.  The payment mechanism for medical and related bills is dealt with more fully further below.

Future medical expenses

These are medical expenses (including goods delivered and services rendered) required by a claimant to treat or compensate him/her for injuries, from the date of settlement, for the rest of his/her life.  To prove future medical expenses, and depending on the injuries sustained, a claimant might be required to consult with medico-legal experts such as an orthopaedic surgeon, plastic and reconstruction expert, neurosurgeon, neurologist, occupational therapist, industrial psychologist, psychiatrist, clinical psychologist, etc.  Adams & Adams has built up a close working relationship with professionals regarded as the top experts in their field.  This assists in the smooth running and proper quantification of a third party claims.  It is, however, important for experts is to remain objective as their ultimate function is to assist the court if disputes arise.

For further information click here to go to the section on ‘Undertakings for Future Medical Expenses’.

Past loss of earnings

If a loss of earnings has been suffered as a result of the accident, this can be recovered from the RAF.  If an employer paid a claimant in terms of a contract of employment, the claimant will not be entitled to claim past loss of earnings from the RAF.  If an employer, however, made a gratuitous payment, the loss of earnings can still be recovered from the RAF.  To prove loss of earnings, an employer’s certificate completed by the employer must be submitted to the RAF, substantiated by other proof of earnings including salary advices, incentive packages, overtime etc.

Future loss of earnings

Should it transpire from the medico-legal reports that a claimant will suffer future loss of earnings or earning capacity, this can be claimed from the RAF. Usually the claimant will be referred to inter alia an industrial psychologist who will evaluate the impact that the injuries have on the claimant’s earning capacity, and subsequently an actuary will be instructed to calculate the future loss of earnings. This is usually the biggest component of quantum in large third party claims.

General damages

General damages are non-patrimonial damages paid for pain and suffering, permanent disability, loss of amenities and disfigurement or the emotional trauma that a claimant suffered as a result of the accident.  Although general damages can be claimed, our courts are not inclined to award substantial amounts for general damages, and tends to follow previous decisions in this regard.  Until recently our courts adopted a very conservative approach with regard to the awards for general damages.  However, in a few recent judgments, referred to briefly by way of example below, our courts adopted a more modern and liberal approach in awarding general damages.

For further information on recent developments in court awards for general damages click here.
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