The Western Cape High Court has awarded R1.88 million in compensation for loss of earning capacity to a minor injured in a road accident at the age of 4, following a lengthy personal injury claims battle.
The minor, identified as LD in the judgment, was a pedestrian when he was involved in an accident on 12 May 2012. In this complex case, which spanned over a decade, the issues of loss of earning capacity became a key focus after the parties had already settled on liability, general damages, and medical expenses related to the accident.
According to court documents, LD, born on 6 May 2008, suffered facial injuries in the accident without a formal diagnosis of a traumatic brain injury (TBI) or post-traumatic stress disorder (PTSD), despite indications from several expert reports suggesting significant psychological and cognitive impairments. Throughout the years, the minor's educational journey faced severe hurdles, culminating in him leaving school due to financial instability in Grade 6.
Missing medical documentation
The ruling on 19 May 2025 underscored the necessity for meticulous preparation and the inclusion of comprehensive medical records essential for substantiating claims related to personal injuries. The court expressed concern over absent clinical notes critical to establishing the extent of LD's injuries. The absence of CT scans or neurological assessments post-accident was particularly highlighted as detrimental to the case.
Over the proceedings, a range of expert evaluations was provided, detailing LD's struggles, including anxiety, cognitive deficits, and challenges in verbal communication, each potentially stemming from the accident. Additionally, assessments from psychiatrists and clinical psychologists concluded that LD had developed PTSD following the trauma.
Educational struggles and employment limitations
In terms of educational assessment, experts estimated that without the accident, the minor would likely have developed skills sufficient to pursue a semi-skilled occupation. However, with the injuries sustained, LD was deemed to have potential earnings markedly hindered compared to his uninjured counterparts.
The industrial psychologists involved provided conflicting forecasts regarding LD's future earning capacity, ultimately leading to the court’s decision to apply variable contingency deductions. These deductions were crucial in arriving at the awarded damages, reflecting LD's loss of earning capabilities due to the incident.
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