By when must I claim?

Personal Injury Claims are governed by the principles of the Law of Delict, and legal action must, generally, be instituted within a period of three years from the date the claim arose (i.e. the date you were injured).  Certain exceptions to the general rule do apply.

Obviously, you are obliged to seek legal advice at the first opportunity.

Claims against the Road Accident Fund must be lodged within a period of two years from the date of the accident where the identity of the driver or owner of the vehicle is unknown (‘hit-and-run’).  Where the identity of the driver or owner is known, a claim must be lodged within a period of three (3) years from the date of the accident.  Again, certain exceptions apply.

Claims for compensation for personal injuries are formulated by the following heads of damages:

• Past hospital, medical and para-medical expenses;
• Future hospital, medical and para-medical expenses;
• Past and future loss of income;
• General Damages (being compensation for pain, suffering and disfigurement).

Where a person died as a result of a motor vehicle accident, medical malpractice, a train accident, assault, dog bite or injuries sustained in public spaces, the deceased’s dependants may claim damages for loss of support and funeral expenses.