LPL4802_ Law Of Damages_ EXAM PREP OCT/ NOV.

LPL4802_ Law Of Damages_ EXAM PREP OCT/ NOV. QUANTUM OF DAMAGES FOR PATRIMONIA LOSS CAUSED BY BODILY INJURY, DEATH OR INFRINGEMENT OF RIGHTS 3.1. A) She can claim General damages; loss of income; loss of future income; loss of earning capacity; loss of past medical and hospital expenses; loss of future medical; and hospital expenses. To succeed with her claim, she will need to provide proof of her injuries to obtain general damages, proof for the loss of income, and proof of her medical / hospital expenses. Proof for future loss of earnings, earning capacity and medical / hospital expenses will be given by the expert witnesses such as the necessary surgeons, industrial psychologist and an actuarial calculation. 3.2. B) If Mrs. Lloyd operated her own business, past loss of earnings will be quantified with the diminished profits of her business5 since the date of the accident up until the day of trial. The collateral source rule of post-injury earnings will need to be assessed. It will be assessed with the help of expert evidence by an Occupational therapist and Industrial psychologist to calculate her past loss of earnings with consideration to diminished profits of her business. A calculation should be made by an actuary based on the opinions of the aforementioned expert witnesses. Joint-minutes should be obtained by overlapping expert witnesses to curtail issues in order to come to a conclusion for the past loss of earnings. 3.3. C) Loss of future earnings is damages based on pure economic loss emanating from income and benefits they would have received having regard to an accident. They would need time off from work to recover due to injuries sustained and lose the income and benefits they would have received was it not for the injuries sustained. Loss of earning capacity relates to a person’s reduced ability to earn income in the future due to injuries sustained. Such can be a severe brain injury sustained and 5 Glenn Marc Bee v The Road Accident Fund (093/2017) [2018] ZASCA 52 (29 March 2018). Study Notes24 9 by Carella Holdings (Pty) Ltd. therefore can no longer form his or her employment duties. Loss of future earnings and loss of earning capacity is patrimonial loss which can be calculated.