We obtain all relevant records from Hospitals / Police stations etc., do an inspection in loco at the place of where the accident occurred, consult with independent eyewitnesses and appoint an accident reconstructive expert (if necessary). In RAF matter we then lodge your matter in accordance with the prescribed documents/forms. After lodgement of your claim with the RAF, a period of 120 days must lapse before we can issue summons. Issuing summons will start the litigation process.
The Process in Road Accident Fund Claims
A basic explanation of what the process entails:
MERITS
Our team will do a thorough merits investigation to advise you whether your claim has merits (negligence by a third party). As your legal team, on your behalf as the plaintiff in the litigation process, we first need to prove the merits (negligence) of your matter before you qualify to claim for any damages sustained. The merits investigation entails preparing your matter for lodgement (in RAF matters) or letter of demands against other institutions.
QUANTUM
(VALUE OF YOUR CLAIM)
We have a team of well respected and trusted experts (medical doctors and other experts) who will report on each aspect of your claim. For example, we will send you for full evaluation by an orthopaedic surgeon who will not only diagnose the injuries you sustained but most importantly report on what is the future implication of your injuries. For each aspect, depending on the injuries sustained, experts will be appointed to fully report in accordance with your injuries.
COURT PROCEDURE
The litigation process is finalized (if not settled before the trial date) at court when the value of your claim is made an order of court.
COSTS
(TAXATION)
Once the litigation process is finalized, a bill of costs will be prepared setting out the legal and related costs incurred in the case. This bill is referred to a Taxing Master at the High Court, who will determine what amount in respect of the costs can be recovered from the Road Accident Fund.
A team of qualified in-house cost consultants ensure that the optimum results are achieved to obtain the maximum recovery of costs for the client.