Understanding the different types of compensation available
In a medical negligence case, “damages” simply means the different kinds of loss for which you can claim compensation. Some relate to money (like medical expenses and lost income), and others relate to your pain, suffering and loss of quality of life.
At Lanser Sutherland Inc., we take the time to explain what you can claim for, how it is calculated, and what you can realistically expect to recover. This page breaks down the main categories of damages in South African medical negligence law.
Two main categories: patrimonial and non-patrimonial
South African law divides damages into two broad categories:
1. Patrimonial (financial) damages
These are losses that can be measured in money: medical costs, lost earnings, care expenses, and so on.
2. Non-patrimonial (non-financial) damages
These cover harm that cannot be directly measured in money: pain, suffering, loss of enjoyment of life, disability, and disfigurement.
Within these two categories, there are specific “heads of damage” that you may be able to claim. Let’s look at each one.
Patrimonial (financial) damages
1. Past and future medical expenses
This includes:
- Past medical expenses: The cost of treatment, medication, therapies, hospital stays and medical equipment you have already paid for because of the injury which resulted from the alleged negligence.
- Future medical expenses: The estimated cost of ongoing and future medical care which resulted from the alleged negligence, including:
- Doctor and specialist consultations
- Medication and medical supplies
- Physiotherapy, occupational therapy, speech therapy, psychological therapy
- Medical equipment (wheelchairs, prosthetics, communication devices, etc.)
- Future surgeries or procedures
Future medical costs are calculated with the help of medical experts and actuaries, who estimate what care you will need over your lifetime and what it will cost in today’s money.
2. Caregiving and nursing costs
If you need assistance with daily activities because of your injury, you can claim for:
- Professional nursing care or home-based care workers
- The value of care provided by family members (even if they are not paid, the law recognises the economic value of their time and lost earning capacity)
This is often one of the largest heads of damage in serious injury cases, especially for children with cerebral palsy or adults with permanent disabilities.
Occupational therapists assess your care needs and recommend care regimes (how many hours per day, what level of skill is required). Actuaries then calculate the cost over your expected lifespan.
3. Loss of earnings and earning capacity
Past loss of earnings
Income you have already lost because you could not work due to the injury which resulted from the alleged negligence.
Future loss of earnings
Income you will lose in the future because:
- You can no longer work at all
- You can only work part-time
- You had to change to a lower-paying job
- Your career progression has been affected
Industrial psychologists and vocational experts help assess your pre- and post-injury earning capacity. Actuaries then calculate the present value of your lifetime earnings loss.
For children, this is based on what they would likely have earned if not for the injury (taking into account family background, education prospects, and statistical earnings data).
4. Loss of support (dependants’ claims)
If the negligence caused someone’s death, their dependants (spouse, children, parents) can claim for the financial support they have lost.
This is calculated by looking at:
- What the deceased was earning
- What portion of that income supported the dependants
- How long the dependants would have been supported (until children reach adulthood, or a spouse’s expected lifespan)
Actuaries calculate the present value of this lost support.
5. Other financial losses
Depending on your case, you may also be able to claim for:
- Home modifications (ramps, widened doorways, accessible bathrooms, stairlifts)
- Adapted vehicles or transport costs to medical appointments
- Educational support for children with learning difficulties caused by the injury
- Assistive technology (communication devices, computer adaptations)
Non-patrimonial (non-financial) damages
These are often called “general damages.” They compensate you for suffering that cannot be measured directly in money.
1. Pain and suffering
This covers:
- Physical pain caused by the injury
- Emotional distress, anxiety, and trauma
- The experience of undergoing multiple surgeries or treatments
- Ongoing discomfort or chronic pain
2. Loss of amenities of life
This refers to the loss of your ability to enjoy the normal pleasures and activities of life, such as:
- Walking, running, playing sport
- Hobbies and recreational activities
- Travel and social life
- Intimacy and relationships
- Independence and mobility
- The ability to work in a fulfilling career
The younger you are, and the more severe the disability, the greater this loss tends to be.
3. Disability
Compensation for long-term or permanent reduction in physical or mental functioning, such as:
- Paralysis or loss of limb function
- Cognitive impairment or brain injury
- Loss of vision, hearing, or other senses
- Chronic fatigue or reduced stamina
4. Disfigurement
Visible scarring, amputations, deformities, or other changes to your appearance that affect your self-esteem, social interactions, and quality of life.
5. Impairment of bodily and psychological integrity
South African law recognises your right to bodily integrity (control over your own body) and psychological integrity (mental and emotional well-being).
Where medical negligence has violated these rights for example, through non-consensual treatment, gross invasions of dignity, or psychological trauma, you may be entitled to compensation beyond ordinary pain and suffering.
How are general damages calculated?
Unlike financial losses (which can be calculated with receipts and actuarial tables), general damages are inherently subjective.
South African courts use the following approach:
- Look at previous cases with similar injuries, disabilities, and circumstances
- Adjust those awards to present-day values using actuarial indices or inflation adjustments
- Consider the unique facts of your case:
- Your age
- The severity of your injury
- The impact on your daily life, work, relationships, and independence
- Your life expectancy
- Whether the injury is permanent or may improve over time
The result is not an arbitrary number, it is guided by what courts have awarded in comparable cases, updated to reflect current monetary values.
Important: South African general damages awards are conservative compared to some other countries. We manage expectations by showing you the realistic range based on case law, not by promising inflated figures.
Special considerations: trusts and structured settlements
In serious injury cases, especially where the plaintiff is a child or someone with a brain injury, damages may be paid into a trust or be placed under the control of a curator to act in the best interests of the incapacitated plaintiff.
- Protect the funds from mismanagement
- Ensure the money lasts for the plaintiff’s lifetime
- Provide for ongoing care, therapies, and medical needs
We work with financial advisors, curators and trustees to set up these arrangements where appropriate, so that the compensation truly serves its purpose: caring for the injured person over the long term.
Bringing it all together: quantum
The total value of all your damages, financial and non-financial, is called the quantum of your claim.
Calculating quantum is a collaborative process involving:
- Your legal team (us)
- Medical experts (to describe your injuries and prognosis)
- Occupational therapists / Allied therapists (to assess care and equipment needs)
- Industrial psychologists (to assess work capacity)
- Actuaries (to calculate present values of future losses)
We coordinate all of this and present it to the court and the defendant in a clear, evidence-based format.
What you need to know
✅ Not every harm can be compensated. South African law compensates proven loss, not grief or anger in itself.
✅ The stronger your evidence, the stronger your claim. Medical records, expert reports, and witness statements are essential.
✅ Damages must be caused by the negligence. We must prove that “but for” the negligent care, you would not have suffered this harm (or it would have been much less severe).
✅ Awards for general damages are guided by precedent. Courts don’t invent numbers, they look at what similar cases have been awarded and adjust for inflation and unique circumstances.
How we help you understand your damages
At Lanser Sutherland Inc., we:
- Explain each head of damage in plain language
- Obtain the necessary expert evidence to support your claim
- Prepare detailed quantum reports with actuarial backing
- Place your case within the realistic range of awards based on comparable case law
- Keep you informed at every step so the “numbers on a page” make sense in the context of your life story
Our goal is not to inflate expectations, but to give you an honest, evidence-based picture of what you can claim for and what you are likely to recover.
Lanser Sutherland Inc.
Experience. Compassion. Results.
If you would like to understand what damages you may be entitled to in your specific case, contact us for a consultation.