Justice Chaskalson stated that in a broad and general sense, respect for dignity implies respect for the autonomy of each person and the right of everyone not to be devalued as a human being or treated in a degrading or humiliating manner. This principle forms the heart of personal injury claims, where damages are not just about financial loss but also about safeguarding human dignity.
In personal injury law, damages are classified into three main categories:
Patrimonial (Special) Damages include medical expenses, loss of income, or repair costs – the financial losses tied to the injury.
Non-patrimonial (General) Damages: This is where the concept of dignity plays a major role. These damages include pain and suffering, emotional trauma, disfigurement, and loss of life amenities. Although difficult to quantify, these harms impact a person’s quality of life, self-worth, and personal identity.
Pure Economic Harm: This involves financial losses not connected to physical damage or injury.
Harm to a person’s personality, like emotional shock and loss of physical integrity is recoverable. Imagine losing the ability to enjoy life’s simplest pleasures, like holding a loved one or going for a walk. While these losses don’t affect your bank account, they deeply affect your sense of self, identity, and dignity.
When a person’s dignity is impacted by injury, compensation isn’t just about the money – it’s about recognizing the profound harm done to a person’s humanity and sense of self-worth.
Always remember, the law is here not just to restore what was lost economically, but to uphold the intrinsic value of every individual. In pursuing justice, dignity remains a core pillar that must be protected.
Written by: Advocate N. Goodwin