Damages for personal injury and death: legal aspects relevant to actuarial assessments

Abstract

In this paper the actuarial assessment of damages for personal injury and death is discussed in the context of South African law. The legal framework imposes a variety of calculation rules that need to be born in mind if an actuary is to produce a quality product. This framework changes with the passage of time. The purpose of the paper is to summarise the current state of affairs and highlight issues deserving of further actuarial discussion.

Keywords: Quantum; damages; loss; support; breadwinner; dependant; earnings; claimant; defendant; differencing; capitalisation; contingencies; accelerated benefits; inheritance; apportionment; twoparts-one-part; MVA; RAF; COID