Personal Injury and Public Liability

 

 

 

No, the Road Accident Fund (RAF) only compensates for injuries to drivers, passengers, or pedestrians caused by someone else’s negligence. It does not cover vehicle damage or personal belongings, such as clothes or watches, damaged in the accident.
If your vehicle or property was damaged, you must
* Claim directly from the negligent driver responsible for the accident, or
* Claim from the driver’s private insurance (if they are insured).
If you have your own insurance—like comprehensive or third-party cover—you can claim for your losses from your insurance company. If you cause the accident, your insurer can also pay out for damages caused to others.
Since not all vehicles on the road are insured, it’s important to consider purchasing insurance to protect yourself in such situations.

You may have a claim against the police if their actions have caused you harm, such as unlawful arrest, assault, or other misconduct. Instead of filing a complaint, many people are choosing to sue the police for damages in court for the following reasons
* If successful, you receive financial compensation.
* It can discourage similar misconduct from happening again.
* Complaints against the police often result in little to no action.
In 2012, it was revealed in Parliament that the SAPS contingent liability had quadrupled to R20 billion, largely due to civil claims. Many believe the police are defending cases they cannot win and unnecessarily contesting matters that could be settled out of court.
If you believe you have a valid claim against the police, seeking legal advice is essential to protect your rights and pursue fair compensation.

To successfully claim from the Road Accident Fund, it’s crucial to gather all the necessary supporting documents and complete the official RAF forms correctly.

Documents Required
*Police report and case number
*Personal details and those of other parties involved
*Medical reports proving injuries sustained
*Expert reports (legal/medical) and witness statements
*Photos and reports of vehicle damage or other accident-related evidence

Key RAF Forms

  1. RAF 1 – Prescribed Claim Form
    Provides details of the claimant, accident, vehicles involved, and the compensation amounts being claimed. It must be accompanied by
    • A medical report from the treating doctor
    • Affidavits detailing the accident, witness statements, police reports, and medical records
  2. RAF 3 – Accident Report Form
    All drivers involved must complete this form, providing details of the accident and witness information as required by the RAF.
  3. RAF 4 – Serious Injury Assessment Report
    For claims involving general damages, the RAF 4 form must prove that the injury is serious enough to warrant compensation for pain and suffering.
     

Submitting Your Claim
Once you have all the required documents and completed the forms, submit hard copies to the RAF. Faxed submissions must also be followed by hard copies, as emailed documents are not accepted.

The RAF will review your claim to determine its validity, assess the merits, and calculate damages. Ensure all forms are correctly completed and keep copies of all submissions for your records. Contact our offices and we will assist you with this claim from beginning to end

If you are injured due to negligence in a shopping centre, liability doesn’t fall only on the store or shopping centre owners. The legal duty of care can extend to store tenants, business owners, property managers, mall operators, cleaning companies, merchandisers, and centre management. Each party is responsible for ensuring a safe environment for customers.

To succeed in a delictual claim, your lawyer must prove the following
* The action of the other person was wrongful because it caused harm to you or your property.
* The person acted negligently or intentionally (was at fault).
* You suffered a loss that can be given a monetary value (referred to as damages).
* The monetary loss was directly caused by the actions of the negligent person.
If these elements are proven, your case will have a strong foundation for success. For assistance with your claim, contact us for expert legal advice

You may have a medical malpractice claim if  

1. The doctor did not obtain consent from a parent or guardian, making their actions unlawful. This applies regardless of the treatment outcome unless it was an emergency under the doctrine of necessity.  
2. The doctor provided treatment with consent but failed to exercise reasonable care, causing you harm. To succeed, you must prove that the doctor’s lack of care directly led to your injury.  

Not every mistake is considered negligence. The law acknowledges that even a careful doctor may make an error in judgment, administer incorrect treatment, or perform an operation that results in harm. In such cases, no claim can be made.  

You can also claim damages if a doctor, nurse, or hospital staff member causes injury through **negligence**. Hospitals can be held liable for employees' wrongful actions, provided they were acting within the scope of their employment at the time. Many doctors carry malpractice insurance to cover such claims.  

If you believe you have a case for medical malpractice, seek professional legal advice to understand your rights and options.

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Understanding Personal Injury and Public Liability in South Africa

Public liability refers to claims made against businesses for personal injury or property damage caused by negligence or unsafe operations. If someone is injured or suffers a loss on your premises, they can seek compensation for the harm caused. Public Liability Insurance protects businesses—such as restaurants, retail stores, and industrial properties—from the financial consequences of these claims, ensuring operations remain secure.

Personal injury law focuses on compensating individuals harmed due to someone else's negligence. Negligence occurs when a person or business fails to exercise reasonable care, resulting in injury or damage. Whether in public spaces, workplaces, or retail environments, those responsible for maintaining safety may be held legally accountable for the harm caused.

Medical Negligence Claims

Personal Injury Claims

What is a Personal Injury Claim?
A personal injury claim arises when an individual experiences harm due to the negligence of another party. This harm may be physical, psychological, or related to property, rights, or reputation. Our attorneys assist clients in pursuing rightful compensation for their injuries.

Types of Personal Injury Claims
We handle a wide range of personal injury cases, including

  • Road accidents involving motor vehicles, motorcycles, or pedestrians.
  • Medical negligence such as misdiagnosis, surgical errors, or poor aftercare.
  • Slip-and-fall incidents on unsafe premises.
  • Product liability claims for injuries caused by defective or unsafe products.
  • Dog bites and animal attacks.
  • Wrongful arrest or detention and police misconduct, including excessive force.

What You Can Claim
Compensation can cover

  • Medical expenses for past and future treatments.
  • Loss of income and reduced earning potential.
  • Pain and suffering caused by physical or emotional trauma.
  • General damages, such as loss of quality of life or disfigurement.

Public Liability Claims 

Public liability claims address harm caused to individuals on business premises or through the negligence of a company or service provider.

Examples of Public Liability Claims

  • Injuries caused by unsafe conditions, such as wet floors or broken infrastructure.
  • Defective products or poor workmanship resulting in harm.
  • Falling objects, such as signage or heavy items injuring a customer.

Compensation is calculated based on

  • Severity of the injury.
  • Medical expenses incurred.
  • Loss of income or earning capacity.
  • Emotional and physical suffering.

Road Accident Fund (RAF) Claims

What is the RAF?
The Road Accident Fund compensates individuals injured in motor vehicle accidents caused by negligence.

Who Can Claim?

  • Drivers, passengers, or pedestrians injured due to another’s negligence.
  • Dependents of a deceased accident victim.

How We Help We guide clients through the RAF claims process to secure compensation for medical costs, loss of income, and pain and suffering.

Wrongful Arrest and Police Misconduct Claims

Wrongful Arrest Victims of unlawful arrest or detention can claim damages against the Minister of Police for emotional and financial harm.

Excessive Force We assist clients who have been injured or traumatized due to unnecessary force by police officers.

Your Rights Our team ensures that your rights are protected and that the authorities are held accountable for any misconduct.

Medical Negligence and Malpractice

Medical Malpractice Occurs when a healthcare provider acts negligently, resulting in harm, such as through misdiagnosis, surgical errors, or prescribing incorrect medication.

Medical Negligence Involves harm that could have been prevented with proper care, such as leaving surgical tools in a patient’s body.

Our Expertise We pursue compensation for medical expenses, lost income, and emotional trauma caused by negligent healthcare providers.

Dog Bites and Animal Attacks

When Can You Claim?
If you are attacked by a domestic animal without provocation, the owner may be liable for your injuries.

What You Can Claim

  • Medical expenses for treatment.
  • Loss of income if your injuries affect your ability to work.
  • Pain and suffering, including psychological trauma.

 

Why Choose Us?

Comprehensive Legal Support as we manage every step of your personal injury or public liability claim, ensuring your case is handled with care and efficiency. 
Our experienced attorneys have extensive experience and a proven track record of success in handling complex cases.
Personalized Service as we provide tailored legal strategies that address your unique needs, ensuring compassionate and effective representation.

Contact Us Today

If you or a loved one has suffered harm due to negligence, our experienced legal team is here to help. Contact us for a consultation to discuss your case and explore your legal options. Let us assist you in obtaining the justice and compensation you deserve.