In April 2025, the Supreme Court of Appeal (SCA) confirmed the position that our common law does not permit the transmission to a deceased estate of a claim for general damages or non-patrimonial loss occasioned by bodily injury if the claimant dies before the close of pleadings (litis contestatio)is reached. However
In a February 2025 judgment, the high court on appeal addressed the issue of general damages in a claim involving a minor who sustained severe injuries in a tractor accident. The court had to determine whether the award of the lower court for general damages was reasonable considering the minor’s injuries and their long-term effects.
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