What Is General Damages in South Africa?

In South African law, general damages refer to compensation awarded to a person for non-patrimonial loss—that is, losses that cannot be calculated in exact monetary terms. These typically include pain and suffering, emotional distress, loss of amenities of life, disfigurement, and loss of enjoyment of life following a wrongful act or injury.

Understanding General vs Special Damages

To grasp the concept of general damages more clearly, it helps to contrast them with special damages:

- Special damages refer to quantifiable monetary losses, such as medical expenses, loss of earnings, or repair costs. These can be supported by documents like receipts and payslips.

- General damages, on the other hand, cannot be easily quantified. They relate to the human experience of suffering and diminished quality of life.

When Are General Damages Awarded?

General damages are usually claimed in personal injury cases, including:

- Road accident injuries

- Medical negligence

- Assault or unlawful arrest

- Defamation cases

- Wrongful death (where dependents may claim for loss of support and emotional trauma)

How Are General Damages Calculated?

There is no fixed formula for calculating general damages in South Africa. Instead, courts rely on:

1. Previous case law: Judges often look at similar past cases to determine an appropriate amount.
2. Severity and permanence of the injury: More severe or lasting injuries tend to attract higher compensation.
3. Medical and psychological reports: Expert evidence helps assess the level of pain, disfigurement, or trauma.
4. Impact on lifestyle: The court considers how much the injury affects the person’s daily life, hobbies, work, and relationships.

Because of the subjective nature of general damages, legal representation is often crucial to make a strong case and ensure fair compensation.

RAF and General Damages

In road accident claims involving the Road Accident Fund (RAF), general damages are only available if the injury is considered “serious”. A serious injury assessment—usually conducted by a registered medical practitioner—must confirm that the injury leads to permanent impairment, serious disfigurement, or long-term pain and suffering.

Examples of General Damages

- A person who loses a limb in a car accident may receive general damages for disfigurement, pain, and loss of quality of life.

- A person who suffers depression and emotional trauma due to unlawful arrest may claim general damages even if no physical injury occurred.

Conclusion

General damages play a vital role in the South African legal system by recognizing the intangible human suffering caused by wrongful acts. While not measurable like financial losses, these damages aim to provide some form of justice and redress to those who have endured pain, suffering, or emotional trauma. Given their complex and subjective nature, seeking legal advice is often essential to navigate such claims effectively.

Claiming general damages is by no means an easy task. The process is complex, slow-moving and riddled with procedural pitfalls. Claims often fail due to incomplete documents, insufficient medical evidence, or missed deadlines. Doing this on your own can lead to underpaid, slow or rejected claims.

That’s why legal representation IS CRUCIAL.

At Danel Campbell Attorneys, we understand the legal system and, more importantly, we understand the trauma you are going through. We’ll take on the burden of compiling and submitting your claim, gathering expert reports and supporting documents, and fighting for the compensation you are entitled to, all whilst you receive the emotional support you need to look forward to the future.

If you or a loved one has been injured due to the negligence of another, contact us today.

Contact Danel Campbell Attorneys for compassionate, experienced legal assistance.

info@danelcampbell.co.za
Pretoria | Serving clients across South Africa