4.1

F, a self-employed, building contractor, was involved in a serious motor vehicle accident, due to the negligent driving of G, who entered an intersection after the traffic light had already turned red. As a result of this accident F sustained serious back injuries. Not only was F hospitalised in a private hospital for 2 weeks following the accident as he underwent surgery to his back, but he will also need treatment in the future as he experiences constant pain. F lives in the small town of Kathu and will need to travel to Upington for the necessary treatment by a physiotherapist in Upington at least once a month. Discuss in detail the likelihood that F will be able to recover expenses for his present and future medical expenses.

In your answer you must address inter alia, the following aspects: Is F entitled to claim for his medical expenses, especially since he has been admitted to a private hospital? Explain what standard of proof will be required by F to prove that he will require future medical treatment and recover such expenses? How will F have to go about proving that he will in the future have medical expenses? Who will be the defendant in this action? Explain whether F will be able to recover costs to travel to Upington to see the physiotherapist. If so, how will the physiotherapist be paid? Refer to relevant case law where possible to substantiate your answer.

4.2

Explain whether F will be able to recover loss of earning capacity due to the injuries he suffered during the accident and how he will be able to prove it.

4.3

Use the same set of facts as in 4.1 above, but this time assume that F died as a result of the injuries he sustained during the accident. His widow, G, who was a housewife all her life, would like to claim for maintenance. Advise her on her chances of success with such a claim. Also, advise her whether she will be able to claim for funeral costs.

4.4

Again use the same set of facts as in 4.1 above, but this time, you must assume that F died as a result of his injuries, and is only survived by his two children, J, his 14-year-old daughter, and K, his 10-year-old son. Will F's children be able to claim maintenance from his estate?