Types of Personal injury claims

Road Accident Fund Claims

A road accident or third party claim is a claim for compensation resulting from personal injury or the death of a breadwinner, in a motor vehicle accident. Such a claim will be made to the ​Road Accident Fund (RAF)​, which is a statutory body.

A road accident claim only relates to bodily injuries, not a claim for damage to a motor vehicle or other assets.

The following persons will be entitled to claim:

  • A person who was personally injured including a claimant under the age of 18 years, provided he is assisted by a parent or legal guardian or court appointed curator ​ad litem. This excludes a driver whose negligence was the sole cause of the accident.
  • A dependent (spouse or child) of a deceased victim.

We are able to assist with all aspects of ​RAF claims​ throughout South Africa. Read more here

Medical Malpractice Claims

Our team of professionals are in an excellent position to investigate and litigate all aspects pertaining to personal injury arising from medical malpractice matters. We will achieve the best possible result by leaving no stone unturned during the investigatory process.

Over the years, we have built professional relationships with a panel of highly respected and experienced specialist medical practitioners in order to assist us in legal claims and lawsuits for:

  • Wrongful death
  • Hospital or care facility negligence
  • Birth injury or wrongful birth
  • Doctor, nurse, anaesthetist or physician malpractice and negligence

Animal Injury Claims

Bodily injuries or loss as a result of attacks by domestic animals is unfortunate, and claims can be affected against animal owners for medical or financial expenses incurred.

Our team of legal professionals​ are in an excellent position to investigate and litigate all aspects pertaining to personal injuries or loss that occur as a result of:

  • Dog bite attacks
  • Animal attacks.

Public Injury Claims

Adams and Adams is in an excellent position to investigate and litigate all aspects pertaining to injuries or loss that occurs at public locations, shopping centres etc.

Over the years, we have built professional relationships with a panel of highly respected and experienced specialist medical practitioners in order to assist us in legal claims and lawsuits for serious injuries as a result of:

  • Slips and falls
  • Dangerous areas, slippery surfaces, inadequate lighting, disrepair, holes and cracks
  • Lift, gate and door malfunction
  • Poorly fitted and maintained equipment
  • Malfunctioning equipment

FAQ

  • We generally require personal documentation across all claim categories. This documentation includes your CV, salary advice slips, medical aid details, qualifications, list of treating doctors (if possible), ID document, driver’s license, X-rays and MRIs where applicable.
  • In the case of road accidents, documentation pertaining to the collision. This includes an accident report or alternatively your AR number and the details of the police station you reported to, vehicle registration details, photographs of the scene, photographs of the damage to the vehicles, and witness details.
  • Background of events (sequence of events) in personal injury matters.

If the person is a minor the injury claim is instituted by the parent or natural guardian if they have capacity to act on behalf of the minor child. If no parent or guardian is available, we will approach the court to appoint a Curator ad litem – a qualified advocate – to further assist the minor with the injury claim and throughout the litigation process.

We enter into a Contingency Fee agreement and charge according to the rates and tariffs as contained in that agreement.

Litigation Related Articles
View All
news

Contractual Liability Exclusion Must Be Assessed Against Each Cause of Action Separately, Not Applied Wholesale Where Multiple Claims Are Pleaded in One Action

In Las Vegas Sands, LLC v. National Union Fire Insurance Co. of Pittsburgh, the United States Court of Appeals for the Ninth Circuit, reviewing the matter de novo, held that the lower court had erred ...

INSURANCEInsurance LawJean-Paul RuddLitigation
news

Know your Fund Rules: when can a Pension Fund be held liable for investment loss?

Factual exposition: Mr Carl Francois Conradie (“Mr Conradie”) had been employed from 01 January 1993 until he retired on 31 January 2022. During his employment, he belonged to his employer’s pen...

Commercial LitigationDispute ResolutionLabour LawLABOUR LAWLesetja MochakiLitigationMtho Maphumulo
news

Liability Insurer Has No Duty to Defend or Indemnify Where Property Damage Results From Insured’s Deliberate Placement of Demolition Debris: The Requirement of an “Accident” for Coverage

In Great West Casualty Co. v. VanFleet, the United States District Court for the Central District of Illinois held that a commercial general liability (“CGL”) insurer owed no duty to defend or ind...

Dispute ResolutionINSURANCEInsurance LawJean-Paul RuddLitigation

How can we help you?

We have offices in four major cities in South Africa: Pretoria, Johannesburg, Cape Town, and Durban. Additionally, we have 23 associate offices in the rest of Africa, the firm serves as a gateway into Africa for IP clients. Please contact your nearest office for any legal enquiry or assistance.