Personal Injury Claims Explained.

What is Personal Injury Law?

Personal injury law deals with the law surrounding the wrongful or negligent conduct on the part of a third party which causes someone to suffer harm and which harm causes injury and damages. The law of personal injury falls within the law of delict.

What is a Personal Injury Claim?

A personal injury claim is a claim for compensation that arises when you have suffered harm as a result of the negligent conduct of another person and such harm causes you to suffer damages.

What is Negligence in a Personal Injury Claim?

Negligence is conduct that falls short of what a reasonable person in the circumstances with the same level of expertise would do to protect against foreseeable risk or harm to another. Whether a person failed to foresee the possibility of harm occurring to another in circumstances where the reasonable person in his/her position would have foreseen the possibility of harm occurring and would have taken steps to avoid or prevent it.

What is a Duty of Care?

A ‘duty of care’ (which is also known as a ‘duty to act) is a legal obligation imposed on an individual which requires adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

The duty of care arises where a person who holds a particular position or is acting in a particular capacity (e.g. doctor, police officers, etc.). Not everyone has a duty to act. Where a person is under a duty to act and fails to do so, that person is negligent.

Personal Injury Damages & Harm Explained.

Damages in delict are divided into 3 categories, namely:

• patrimonial or special damages (including medical costs, loss of income and the cost of repairs);

• non-patrimonial damages or general damages (including pain and suffering, disfigurement, loss of amenities and injury to personality);

• pure economic harm (not connected to any physical injury or damage to property).

It is necessary for the harm to result in damage and the degree of harm suffered is proved by way of expert opinion and financial loss will be proved by way of documentary evidence.

Damage can refer to patrimonial (monetary) or non patrimonial loss.

How to Prove a Personal Injury Claim?

You will be required to provide all relevant and necessary information and documents to prove your personal injury claim such as, inter alia:

• Background facts (sequence of events) in respect of the personal injury

• Witness statements

• Accident reports (if applicable)

• Personal Information (e.g. ID document, driver’s license, CV, Qualifications, etc.)

• Financial Information (e.g. Payslips, hospital bills, doctors bills, etc.)

• Medical Information (e.g. medical aid details, list of treating doctors (if possible), x-rays and MRIs where applicable, etc.)

• Expert reports

Do you have a personal injury claim? Barter McKellar’s personal injury lawyers (which includes counsel) have extensive experience in the processing of claims and handling of matters related to personal injury cases. If you would like to find out more, contact our offices for an appointment.