Personal Injury Claims
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Personal Injury Claims
List of services
- Slip-and-fall and premises liability claims
- Medical malpractice and hospital negligence
- Product liability and defective goods claims
- Workplace and construction accident injuries
- Assault and injuries caused by unlawful acts
- Wrongful death claims on behalf of dependants
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Personal Injury Claims FAQ
What Is a Personal Injury Claim?
A personal injury claim is a legal action for compensation brought by a person who has suffered bodily or psychological harm due to the negligence or wrongful conduct of another party. In South Africa, these claims are governed by the Law of Delict, and to succeed, a claimant must prove five core elements:
- Conduct – A voluntary act or omission by the responsible party
- Wrongfulness – The conduct was objectively unreasonable
- Fault – The responsible party acted with intention or negligence
- Causation – The conduct directly caused the harm suffered
- Damage – Actual measurable harm was sustained — physically, emotionally, or financially
Common personal injury matters in South Africa include road accident claims, workplace injuries, medical negligence, and public liability (slip and fall) accidents.
What Types of Personal Injury Claims Exist?
Each type of personal injury claim is processed through a different legal channel depending on how and where the injury occurred:
- Road Accident Claims (RAF) – Injuries sustained in motor vehicle accidents are claimed through the Road Accident Fund (RAF), a government parastatal; you cannot claim directly from the negligent driver
- Workplace Injuries (COIDA) – Injuries or occupational diseases sustained during employment fall under the Compensation for Occupational Injuries and Diseases Act and are claimed from the Compensation Fund
- Medical Negligence Claims – Arise when a healthcare professional breaches their duty of care; successful claims against hospitals and practitioners can range from a few thousand to several million rand
- Public Liability Claims – Injuries in public spaces (e.g., a shopping mall, municipality) due to unsafe conditions are claimed directly against the property owner or responsible authority
How Much Compensation Can I Claim?
Compensation in South African personal injury cases is divided into two broad categories:
- Special Damages (Patrimonial Loss) – Quantifiable, out-of-pocket losses including past and future medical expenses, loss of earnings, and rehabilitation costs
- General Damages (Non-Patrimonial Loss) – Compensation for pain and suffering, emotional trauma, disfigurement, and loss of enjoyment of life
According to the Road Accident Fund’s latest annual report (for the period ending 31 March 2024), the average payout per claim was R287,000, with average loss of earnings payouts of R1,110,815 and general damages averaging R565,055.
The final award is also influenced by contributory negligence — if the court finds you were partially responsible (e.g., 30%), your compensation is reduced by the same percentage.
What Documents Do I Need to File a Claim?
Building a strong personal injury claim requires thorough documentation gathered as soon as possible after the injury. Key documents include:
- Photographs of the accident scene and your injuries
- Medical records and reports from all treating doctors, specialists, and hospitals
- Police accident report (or AR number and police station details for road accidents)
- ID document, driver’s licence, and vehicle registration details (for road accidents)
- Witness names and contact details
- Salary payslips and CV to substantiate loss of earnings claims
- X-rays, MRIs, and any specialist reports where applicable
Your attorney will compile these into a formal set of particulars of claim and submit to the relevant fund or court on your behalf.
How Long Do I Have to File a Personal Injury Claim?
Time limits are strictly enforced in personal injury matters, and missing a deadline can permanently bar you from recovering compensation. The key prescription periods are:
- General Delict Claims – Must be instituted within 3 years from the date the injury occurred under the Prescription Act
- Road Accident Fund (RAF) Claims – Must be lodged within 3 years of the accident date; for hit-and-run accidents involving unknown drivers, the period is 2 years
- Medical Negligence Claims – Also subject to the 3-year prescription, though the clock may begin running from the date the patient became aware of the negligence
- COIDA (Workplace Injury) Claims – Must be reported to the employer immediately and submitted to the Compensation Commissioner within 12 months of the accident
Given these strict deadlines, consulting a personal injury attorney as soon as possible after an incident is strongly recommended.
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