This head of damages can be explained as the “pain and suffering” and “loss of life amenities” one suffered. General damages are based on the type of injuries one sustained and the sequelae (the permanency and future implications of the injuries).
Our services are not limited to the below mentioned, however we are specialists in the points discussed hereunder. For each specific claim there are rules and legislation applicable. The details thereof will be further discussed during your first consultation.
For what type of compensation can a party claim for?
It is not definite that a party can qualify for each of these head of damages. Our team will advise you accordingly for the head of damages one can claim for.
THIRD PARTY CLAIMS
THIRD PARTY CLAIMS AGAINST THE ROAD ACCIDENT FUND (RAF)
Where a party has been involved in a motor vehicle accident and suffered damages ( physical / patrimonial of nature) , the party is entitled to institute a claim against the Road Accident Fund to claim compensation for the damages suffered. A party is entitled to claim whether he/she was the driver / passenger / pedestrian / motorcycle- or bicycle driver. Where a party has passed away due to the accident his / her dependants are entitled to claim for loss of support.
THIRD PARTY CLAIMS AGAINST INSURANCE COMPANIES
Further that the above explained categories, where a party has suffered damages due to the negligence of a third party, for example a public institution, one is entitled to institute a claim for compensation. A simple example that can be used to demonstrate is where a party has slipped on the floor of a shopping mall / grocery store. Our company successfully finalized a public liability claim where an individual was injured in a lift due to the negligence of the lift-operating company. The party was awarded full compensation for all the damages suffered.
THIRD PARTY CLAIMS PASSENGER RAIL AGENCY OF SOUTH AFRICA (PRASA)
Where a party was injured and suffered damages due to the negligence / lack of the necessary safety regulations required by PRASA, the party can institute a civil claim against PRASA to claim for the damages suffered. The same rules apply that where a family breadwinner passed away as a result of PRASA’s negligence, the dependants may institute a claim for loss of support.
THIRD PARTY CLAIMS MEDICAL NEGLIGENCE
Where a party has suffered damages due to medical-malpractice, one is entitled to institute against the treating (negligent) Doctor / Hospital ect. A loss of support claim can also be instituted where dependants have lost a family breadwinner who passed away due to medical malpractice.
What you can claim for:
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Loss of past income
Where the damages sustained caused a party to suffer loss of income, it may be claimed for. More importantly, where the damages have an impact on the parties’ future ability to earn an income, a party must be compensated for the past loss of income suffered.
Future loss of income
More importantly than past loss of income, where the damages have an impact on the parties’ future ability to earn an income, a party must be compensated for the total future loss of income and / or the future loss of earning capacity.
Past medical expenses
A party will be compensated for all medical expenses incurred as a direct result of the negligence by a third party.
(*Expenses paid by medical aid will be paid back to the medical aid)
Future medical expenses
A party will be compensated for all medical expenses which will be incurred in the future as a direct result of the negligence of a third party.
(* In a RAF matter a party will be awarded a section 17(4) – undertaking which enables a party to in the future claim from the RAF).