Co-authored by Brigitte Geyer
In April 2024, the Bloemfontein High Court confirmed that the life expectancy of a child suffering from cerebral palsy should not be considered to reduce general damages.
In the main action, in 2023, the claimant was awarded R2,400,000.00 in general damages on behalf of their 15-year-old child, the patient, who suffers
When a patient’s brain injuries diminishes their awareness and full appreciation of their pain and suffering, an award for general damages is appropriate if the patient experiences intermittent periods of heightened awareness.
When determining the amount to be awarded for general damages, our courts prefer a flexible approach. The award should be determined by the