A MAN who suffered severe brain injuries when he was pushed out of a moving train is set to receive R6.1 million in damages from the Passenger Rail Agency (Prasa).
The Western Cape High Court awarded this amount after hearing the evidence of a host of medical experts regarding the injuries suffered by the patient. A legal guardian was appointed to represent the 41-year-old patient.
The court earlier heard that he fell in September 2017 after being pushed through the open doors of a train at Stikland Station in the Western Cape. The rail agency has accepted 80% liability for the patient’s proven damages. The court now only dealt with the quantification of the claim.
The patient suffered severe brain damage after he struck his head on the station platform as he fell. Included in his injuries were an occipital skull fracture and haemorrhagic brain contusions in the frontal lobes and left temporal lobes.
His legal guardian, who instituted the legal proceedings, claimed amongst others more than R7 million for loss of earnings, R2.5 million in general damages, and more than R700,000 for past and future medical costs.
A neurosurgeon explained to the court that a traumatic brain injury is damage to the brain caused by a sudden blow, bump, or jolt to the head or by something that penetrates the skull, like a sharp object.
In this case, the patient suffered extensive injury to his brain involving both the right and left hemispheres. The patient lost consciousness after falling and had no recollection of subsequent events until about three weeks after the accident.
He required surgical intervention three days after admission to the hospital to reduce the pressure inside his skull. The patient underwent rehabilitation before being discharged home. The expert concluded that the patient had made a good physical recovery from the brain injury. His opinion on mental recovery was less optimistic.
Family members noted that he was aggressive and confused, requiring assistance with his daily activities. He was divorced two years after the accident, in part, due to his behavioural problems following the accident.
The psychiatric evaluation revealed that he suffered from mood swings, memory difficulties, stress, and depression. He was diagnosed with a personality change due to the traumatic brain injury, and it was recommended that he immediately receive treatment for these symptoms.
In assessing how much in general damages he should receive, the court remarked that general damages are awarded as compensation for non-financial losses or harm that cannot be easily quantified. It includes pain and suffering, loss of amenities of life, and disfigurement.
Each case must be evaluated according to its own facts, which include pain and suffering - both on a physical and emotional level. Loss of amenities pertains to the reduction in the quality or enjoyment of life, and disfigurement includes permanent scarring or physical changes flowing from the injuries, the court explained.
“What is apparent in this case is that the patient's main problems relate to his psychological functioning and the scar on his head. The extent of his pain, suffering, and disfigurement does not justify an award of R1.5 million (as requested under this category),” the court said.
It awarded him R1 million in this regard. The total award which the court had calculated and awarded was R7.6 million, but as Prasa was found to only be 80% liable for the damages, it has to pay the patient R6.1 million.