Personal injury law refers to a set of legal processes involved in civil cases arising as result of wrongful or negligent conduct on the part of a third party.
A personal injury claim falls within the law of delict and, accordingly, the requirements of delictual liability must apply.
Claims that result from injury – whether it be physical, psychological, to rights or reputation, or to property – as a result of the negligence of another person, company, government agency or any other entity fall within the ambit of “personal injury law”.
In the case of personal injury resulting from road accidents, the Road Accident Fund Act, No 56 of 1996 established the Road Accident Fund to compensate people who have suffered loss as a result of bodily injury to themselves or another person or death of another person caused by another person’s negligent or wrongful driving of a motor vehicle.