A question that usually arises when a child gets injured in a motor vehicle accident or suffers loss of maintenance as a result of the death of a breadwinner caused by the negligent driving of a motor vehicle: “Who can institute a claim on behalf of the child?”
Contingency fee agreements in personal injury claims can be a useful tool to assist clients who do not have the funds to govern a successful claim. Equally, such agreements can be advantageous to practitioners willing to carry the risk on behalf of their client.
To understand the essence of contingency fee agreements this article will focus on the factions upon which such agreements are based.
It often occurs that employees are injured while performing their duties in the course of their employment. When they are injured or contract a disease, they suffer damages and are entitled to compensation. In such instances, the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) applies.
General damages can be described as a plaintiff’s claim for any harm suffered as a result of injuries sustained including pain and suffering, disfigurement, emotional harm, permanent disabilities and loss of amenities of life.
In terms of Section 17(1) of the Road Accident Fund Act 56 of 1996 (as amended) (hereinafter referred to as “the Act”), the Road Accident Fund will only compensate a...
22 December 2020 | Yolandi Vosloo
We all take a stumble now and then but what is the result if such incident results in serious injuries, occasioned by negligence of the property owner? Liability for slip and fall injuries may arise based on a defendant‘s ownership of the premises where the injury occurred, their control thereover or both.
Grounds for a potential claim...
The appointment of curators in Road Accident Fund instances
When people involved in motor vehicle accidents sustain traumatic brain injuries, the question arises whether they still have the necessary legal capacity to administer their own affairs, enter into contracts or to litigate.
In these circumstances, the seriousness of the brain injury is extremely important as it might have an impact...
More often than not Organs of State find themselves as cited Defendants in personal injury claims stretching from public liability to unlawful arrest and detention. If an Organ of State is indeed identified as being your nominated Defendant it is important to note that the first step in instituting action does not merely entail the issuing and service of summons.
Section 3(1)(a) of The...
15 October 2020 | Lize-Mari Viljoen
The procedure to lodge a claim for compensation against the Road Accident Fund is set out in Section 24 of the Road Accident Fund Act 56 of 1996 (as amended) (hereinafter referred to as “the Act”).
Submitting the claim documents:
The prescribed RAF 1 claim form together with all the relevant documentation must be delivered by hand or sent by...
Prescription is when a debt arising from a cause of action is extinguished after a determined period of time has elapsed. It is regulated by the Prescription Act 68 of 1969 and starts to run on the day that the debt becomes legally due to be paid. The general prescription period applicable in most cases run for a period of three years.
The prescription periods in relation to Road Accident Fund...
In South Africa approximately 1 million road accidents are reported every year with the majority caused by human factors. On average 40 people are fatally injured and at least 20 left permanently disabled. With our country’s poor road safety it comes as no surprise that The Road Accident Fund Act 56 of 1996 was established with the prime purpose of compensating road accident victims.