What is a Third Party / Personal Injury Claim?
A Third Party Claim is where a person has been severely injured in a motor vehicle accident, alternatively has died due to the negligence of the other party involved in the said accident.
A Claim can be instituted for both parties involved in the accident, the passengers as well as pedestrians.
Third Party Claims are mainly instituted against the Road Accident Fund (RAF).
Specific rules and legislation are applicable on who may institute a claim and this will be discussed with you during consultation in order to determine whether you have a claim.
Personal injury claims is where a person is physically injured due to the negligence of another (excluding motor accidents) and thus has suffered damages (physical / patrimonial of nature).
An example of this is where a person slips on a wet floor in a shopping mall.
What can we claim on your behalf?
- General damages for pain, suffering and disfigurement. (This is determined after examining
the extent and severity of the injury.) - Loss of support for a dependant of a deceased (unlimited before 1 August 2008,
limited to R175 000 per annum if accident occurred after 1 August 2008) - Loss of earnings or income (unlimited before 1 August 2008, limited to R175 000 per annum
if accident occurred after 1 August 2008) - Funeral Expenses
- Past medical expenses that you have already incurred as well as future medical expenses
which you will incur for further treatment and medication.
How do we proceed?
All the necessary information is obtained in order to ascertain the merits and quantum. Merits entail how the accident occurred and who is liable. Quantum entails the amount that you are entitled to claim.
Information that is needed includes but is not limited to the accident report, assessor’s reports, as well as all Medical reports from Physiotherapists, Specialists, Psychiatrists, Occupational therapists etc.
As soon as all documentation is obtained the claim will be quantified and will be submitted to the relevant organisation and/or party.
Settlement negotiations are concluded between the relevant parties in order to save time and money.
If no settlement can be reached, a summons is issued against the opponent and the parties will proceed with ligitation.
Fees / Costs
Clients can choose between the following Fee structures.
- Contingency-fee Structure
- The Contingency-fee Structure is based on a no win, no fee basis.
- A Percentage of 25% plus VAT of the capital amount will be as fee if the claim is successfull.
- The client is billed according to an agreed attorney own client fee. VAT is also payable.
- Attorney own client structure
- In terms of the attorney own client structure a minimum deposit of R10 000 is required.
- The client will be liable for all disbursements. Vat will be calculated on the aformentioned amount
- Above mentioned fees and disbursements are payable irrespective of whether the claim was successful or not.
The first consultation of ± 30 min. is free.