Road accidents
Claims arising from car, motorcycle, bus, and truck crashes. Where another driver was negligent, a claim may lie against that person and, in many cases, against the Road Accident Fund.
Injury
After the harm is done
Serious injury, RAF, and loss-of-support claims when someone else’s carelessness changes a life.
South African personal injury law—the law of delict—allows a person who has been harmed to claim compensation in the civil courts. The aim is to place the injured person, so far as money can, in the position they would have been in had the harm not occurred: past and future medical costs, loss of earnings, and general damages for pain, suffering, and loss of amenities of life.
Case Types
Types of injury matters we handle
Medical negligence
Claims that arise when a medical professional fails to provide the care reasonably expected of a competent practitioner and someone is injured as a result. These matters are among the most complex injury cases.
Product liability
Injuries from defective goods, including manufacturing defects, dangerous designs, and inadequate warnings, under the Consumer Protection Act and the common law.
Defamation
False statements published to a third party that damage reputation, including libel and slander. South African law balances dignity with freedom of expression.
Slip and fall
Property owners and commercial tenants have a duty to keep premises reasonably safe. Not every injury on someone else’s property creates liability — the duty depends on the facts.
Dog bites
In South Africa, a dog’s owner can be held responsible for physical and emotional harm caused by the animal, including under the law of delict and, in some cases, the actio de pauperie.
Intentional harm
Harm caused by intentional conduct, including assault and injuria. These civil claims are separate from any criminal charges against the wrongdoer.
Loss of support
When negligence or misconduct causes a death, dependants may have a claim for the support they have lost, including in RAF matters.
How a typical case proceeds
- An act causes injury. A wrongful act other than a mere breach of contract can give rise to a delictual claim. Contract disputes are handled under a different body of law.
- A legal duty was breached. Drivers must operate vehicles with reasonable care. Physicians must provide the care expected of a competent professional. The exact duty depends on the circumstances.
- Settlement talks or a court action. If liability is clear, the other side or an insurer (or the RAF) may offer compensation. If no fair offer is made, a summons can be issued in the Magistrates’ Court or the High Court. Negotiations can continue after a case is filed.
South African injury law is a mix of common-law delict and statute, including the Prescription Act and the Road Accident Fund Act. Deadlines matter. Missing a prescription or RAF lodgement window can bar the claim entirely. Time limits below are a guide—get advice on your facts, especially if a minor is involved.
Deadlines
South African time limits (prescription)
| Claim | Usual time limit |
|---|---|
| Delict / personal injury | 3 years from when you knew, or ought to have known, the facts |
| Road Accident Fund claim | 3 years from the accident (special rules for minors) |
| Medical negligence | 3 years from knowledge of the facts |
| Unfair dismissal (CCMA) | 30 days from the dismissal |
| Unfair labour practice (CCMA) | 90 days from the act or omission |
| Unfair discrimination (EEA) | 6 months to refer to the CCMA |
| Consumer Protection Act | Generally 3 years |
| Defamation | 3 years |
| Claims by minors | Prescription is often delayed until age 18 |
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