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Pretoria - A second-year law student who had to abandon her studies after a car accident left her with severe head injuries is to receive R4.2 million in a preliminary damages payment from the Road Accident Fund.
The 20-year-old from Waterkloof, Jana Roux, was involved in an accident in May 2008 in Somerset West in the Western Cape.
At the time she was studying at Stellenbosch University and, according to papers before the Pretoria High Court, she was a brilliant student.
Her brain injuries left her unable to continue her studies. A specialist told the court her brain injuries “virtually shattered her life”.
The road fund had earlier settled the issue of liability with Roux’s legal team - it was agreed she was entitled to 30 percent of her proven damages.
On Thursday, the parties settled further amounts due to her. It was found she had suffered R14m in damages, but at this stage she would receive only R4.2m.
It is not clear from court papers why she is being held 70 percent liable for the accident.
Her claim for past medical and accident-related expenses was postponed indefinitely, but the road fund undertook to make an interim payment of R498 000 towards these expenses.
The money is to go into a trust account to be administered on Roux’s behalf. Other than also paying for her legal fees and those of her expert witnesses, the road fund is to contribute 30 percent of her future accommodation expenses, whether in a hospital or a nursing home.
Roux had multiple skull fractures, which affected her frontal lobe functioning, her dominant motor function – speech and language functions. She was in a coma for 18 days.
She has headaches, poor mobility and abnormal muscle tone on the right side of her body.
According to a clinical psychologist, Roux, who is from an academic family and who stood to excel in the legal profession, will not be able to earn an income.