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Injury Benefits | Loss Of Earnings

A claim for loss of earnings arises where a third party is injured and is unable to earn an income as a result of a motor vehicle accident. A third party may claim his or her proven past and future loss of income from the Road Accident Fund (RAF) if the third party is, as a result of the injuries sustained in the motor vehicle accident, not able to work. Loss of earnings is a patrimonial loss.

Loss of earnings can be divided into:

    Past loss of earnings (from the date of accident to the date of calculation); and

    Future loss of earnings (from the date of calculation to the date of death).

A claim for loss of earnings is premised on the basis that there is an obligation on the RAF to place the injured in the same position that he or she would have been had the accident not occurred.

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