Claims in South Africa have strict deadlines. If one is missed, the claim can be lost, even when the injury is serious. These are the main limits to be aware of.
6 months
To give notice of a claim against the state
If the claim is against a government department, for example a public hospital or the police, written notice must usually be given within six months of the debt becoming due. This comes from the Institution of Legal Proceedings against certain Organs of State Act 40 of 2002. A court can allow late notice (condonation), but that is not guaranteed.
3 years
For most personal injury claims
Under the Prescription Act 68 of 1969, most claims for damages prescribe after three years. The time starts when you knew, or reasonably could have known, who was responsible and the facts behind the claim. In medical negligence cases, the Constitutional Court has accepted that you may need expert medical advice before you know those facts (Links v MEC for Health, Northern Cape, 2016).
Extra time
For children and people with a mental disability
Prescription does not complete while the injured person is a minor or has a mental or intellectual disability, and they get at least a year after that ends (section 13 of the Prescription Act). Other deadlines, such as notice to the state, may still apply, so ask early.
This is general information, not legal advice. Every case is different: speak to us or your attorney as soon as possible.
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