Woman granted R2.5m payout for accident that occurred when she was four

An Eastern Cape woman who suffered serious injuries in a vehicle accident nearly 17 years ago — when she was just four years old — has finally been awarded more than R2.5m by the Road Accident Fund.

Makhanda high court judge Nomathamsanqa Beshe found that the woman, whose name is not disclosed in court documents, had proved she was entitled to the money after various experts found she suffered continued difficulties after the accident.

While the exact details of the accident are not contained in Beshe’s judgment, the woman suffered a variety of injuries when she was knocked over by a car on July 27 2007.

She spent nearly a week in hospital recovering from injuries including bruises on the scalp, a swollen upper lip, bruises on the left leg and right buttock and a fracture of the left humerus.

Experts’ reports indicated that the woman had suffered personal impairment of 15% and long-term impairment which could cause loss of bodily function and had a severe long-term behavioural disturbance disorder.

A report by an orthopaedic surgeon found that the woman had also suffered a head or facial injury which caused chronic headaches, experienced eye pain, and had residual neurological and psychological symptoms as well as slight visible scarring. On April 29 2022, the court found the RAF liable for payment to the woman for general damages and loss of future income.

Beshe, called upon to determine the exact amount the woman was owed, found that reports from education experts had proved that because of the accident the woman would not reach her true academic potential.

According to the reports, as a consequence of the injuries suffered in the accident, the woman would be able to obtain only an NQF level three education, resulting in a lesser earning capacity.

“In my view, that [the woman] was only four years old when the accident occurred and had not started school, entails that there is no point of reference as to how she was performing before the accident.

“She started attending creche only when she was five years and eight months, more than a year after the accident,” Beshe said.

In a 2018 report by a neurosurgeon, it was found that the woman had been complaining of headaches at least three to four times a week and that the headaches had started when she was at school and needed to concentrate.

She also complained of poor short-term memory, lack of concentration, excessive sleepiness and tiredness.

The expert found that the symptoms were indicative of long-term consequences of a traumatic head injury and that she was not likely to reach her full potential.

“She might only be able to find a lower paying job in future as opposed to her career and earnings progressing to those of a semi-skilled worker,” Beshe said.

After considering all the evidence and brief arguments from lawyers representing the woman and the RAF, Beshe ordered that the woman be compensated with R500,000 for general damages and R2.147,370 for future loss of earnings.

Beshe further ordered that the RAF pay the costs of the court case.