CLAIM SETTLED OVER 200% OF ROAD ACCIDENT FUND'S FIRST OFFER
Our client, Ms. D a professional nurse, was looking forward to her retirement at age sixty three , when she became the victim of a head on collision when the driver of an oncoming vehicle, lost control and hit the vehicle that she was travelling in as a front seated passenger.
She suffered traumatic injury to her right knee but not a fracture. The initial injury began having an effect on her and her work performance. We were of the opinion that she should be compensated for two years loss of earnings and promotional prospects as she could have elected to work until age sixty five and the reports indicated two years early retirement.
As our client was still working the Road Accident Fund refused to pay her compensation, initially offering a mere R5000.00. After getting a liability concession and appointing experts to prove our case and a lengthy battle with the Road Accident Fund and its Attorney the Court award, inclusive of interest was R1, 004, 944,98 together with an undertaking to cover any future medical costs.
Our client was ecstatic to receive the award for future loss of earnings and can look forward to her retirement and financial security of both her pension and the Award from the Road Accident Fund.
RAF AGREED ON QUANTUM AS BEING IN THE VICINITY OF R3.6 MILLION
Mr. G came to South Africa in search of a better life for his family in 2010. He soon found work and became a lot more positive about life. Then disaster struck. He was involved in a head on collision with a truck. His dreams shattered in an instant as he was unable to work anymore.
He suffered from, amongst others, head injuries. Mr. G approached our offices in Pretoria and we advised him to claim against the Road Accident Fund.
We assisted him with his claim and sent him to various medical experts to determine the extent of his injuries.
Eventually, shortly before trial, the RAF agreed on the quantum of Mr. G damages as being in the vicinity of
R 3.6 million rand plus all future medical costs (less apportionment due to him being partially to blame for the collision)
OFFER FROM THE ROAD ACCIDENT FUND IMPROVED FROM R250 000.00 TO ALMOST R2000 000.00
Ms. D was involved in a terrible car accident in 2010. She sustained injuries to her leg and hip. After the accident she struggled to work, to such an extent that she was eventually let go. Devastated, she contacted our offices for assistance.
A claim was lodged on her behalf and an offer was received from the RAF to settle the matter for
R 250 000.00. On our advice Ms. D refused the offer and we insisted on going to trial.
Shortly after walking into the court the RAF improved their offer to almost R 2 000 000.00, almost 8 times what our client was initially offered. In addition the RAF was ordered to pay all her future medical costs relating to the accident.
MR. M WAS PAID R3 800 000.00 WITH ALL FUTURE MEDICAL EXPENSES
Mr. M was driving on his motorcycle on a Sunday afternoon when he was knocked over by accident by a fellow rider. He suffered a head injury and started to have difficulty remembering.
At the time he was working in the finance industry. Due to his forgetfulness he was unable to perform adequately and he was let go.
We assisted Mr. M with instituting a claim against the RAF, including claims for medical costs, loss of income and pain and suffering. After negotiation Mr. M was paid R 3 800 000.00, and in addition the RAF has undertaken to pay all his future medical expenses.
Matter settled at R3609 295.00
Ms. D. was a passenger in a bakkie, which had overturned. This resulted in her suffering serious injuries including a head injury which left her with disfigurement of her forehead as well as cognitive deficits (problems with memory and changes to behaviour)
No offer of settlement at all was forth coming from the Road Accident Fund. As a result we had to issue summons out of the High Court. Still no offer was forth coming.
Only shortly before trial did the Road Accident Fund make an offer of R600 000.00 less a 20% apportionment, client was 20% liable for own injuries, which was rejected.
We were eventually able to finalise this matter for a figure of R 3 609 295, 00 together with an undertaking for payment of all future medical treatment the client may require and no apportionment against client.
Settlement secured after initial repudiation of the Road Accident Fund
Mr. B who was employed as a driver, was involved in a motor vehicle accident in which he had sustained a dislocation of and fracture to the pelvis. Mr. b. had instructed Campbell Attorneys to seek compensation for him from the Road Accident Fund.
We had wasted no time in submitting his claim to the Road Accident Fund. Shortly after completing their investigation they repudiated the claim on a technical basis. Campbell Attorneys felt the Road Accident Fund’s stance was not sustainable and proceeded to issue summons against them. The Road Accident Fund then abandoned its original ground for repudiation and now took the stance that the collision was completely the clients fault. Days before the matter was set down for trial to decide the Road Accident Fund’s liability, the Road Accident Fund conceded it was liable but still failed to make an offer repayment.
The matter was then set down for trial to determine the issue of quantum and again days before the trial the claim was eventually settled by the Road Accident Fund.
After deducting of the amount already paid by WCC for an amount of R700 000.00
(17 June 2014)
R3.3 Million financial security for future of family
Mr. M. came to South Africa a few years ago to take up a new job to support his family who he had left behind in Zimbabwe. Finally things were looking up for the M family.
Then, tragically, Mr. M passed away in a motor vehicle accident one evening in 2010.
Mrs. M. was distraught. Not only had she lost her husband – she was unemployed and now had to take care of herself and their 3 minor children alone. Desperately seeking help she contacted the Pretoria office of Campbell Attorneys.
We immediately helped Mrs. M. to lodge a claim with the Road Accident Fund but they refused to pay. Summons was then issued against the Road Accident Fund from the North Gauteng High Court. Reports were obtained from expert witnesses including an actuary’s report, eventually the Road Accident Fund conceded and a settlement was agreed to in terms of which the Road Accident Fund paid R3.3 million to Mrs. M and her family.
Although Mrs. M. and her children can never be fully compensated for the loss of a father and a husband, we were able to ensure that their financial future is secure.
Appeal tribunal finds that injuries are serious
On the 14th of June the Health Professions Councils, RAF appeal tribunal held that they where satisfied that Mr. F’s injuries where indeed serious as defined in the RAF amendment act.
In 2010 Mr F was involved in a serious motor vehicle collision and sustained various injuries which resulted in him requiring a hip replacement.
In terms of the amended Road Accident Fund Act, for a person to qualify for general damages their injury must be accepted as serious as defined. For the injury to be accepted the person must assessed to have a whole person impairment (WPI) of 30% or higher. Alternatively their injuries must be assessed as serious based on what we call a narrative test. Mr F only scored 14% WPI but his narrative test clearly indicated that his injuries should be accepted as serious. The RAF ignored his narrative test and rejected his injuries as not being serious.
We took the matter on appeal to the HPCSA appeal tribunal who found that his injuries where indeed serious. This allowed us to then proceed to court where the court awarded him R463 000 in general damages as well as ordering the RAF to provide an undertaking to cover all his medical expenses that he may incur in the future as a result of the accident.
From herd boy to unlimited opportunity, our persistence changes this client's life
Mr. M.L came from very rural circumstances, he was kept from. Studying to herd cattle and would be allowed to study intermittently as the Custom of the Family was that the elder children sacrificed. He had a Ankle fracture, whilst a 17 year old pedestrian and could not complete school. The RAF offer was extremely poor. On advise from us, he rejected it, the Matter was taken to trial and settled in excess of 15 times greater than the Road Accident Fund had offered and our client was extremely grateful as he looks forward to better his family circumstances.
Attorney delays for 12 years and client gives up until we take over the mandate
Mr. P.M a 30 year old pedestrian had a brain and orthopaedic injury. He had a bright future before a speeding vehicle turned his life upside down, he had completed matric and it had been his intention to study further but due to being the breadwinner of an extended family, he had been working as a security guard. After accident he struggled to cope. He initially gave his mandate to an attorney who advised him that he had no claim, after having had the file for over twelve years. Mr. P.M then sought our assistance. Campbell Attorneys took over the matter and in a short space of time have settled it for over 1.4 million rands. He now plans to stop work, invest in a business and take care of his family.
From homeless to home owner with a bright future
Ms. O.S was a 16 year old pedestrian. The eldest daughter with promising younger sibling. She was living in an informal settlement with no prospects of advancement. She suffered a Tibula and Fibula fracture and fracture to humerus. The RAF offered a paltry R40 000.00 which following our advise and in spite of her dire financial circumstances, she refused. We took the matter to trial and settled at R480 000.00 together with an undertaking to cover her future medical expenses, twelve times the Road Accident Fund’s offer. Our client, Ms. O.S has since stopped by for a visit to happily advise us that she has purchased a home, invested some of her funds and is so happy and grateful at the opportunity given not only for her but for her younger siblings.
Injured child given hope for brighter future
Master C.G was a young child when he was struck down by a motor vehicle and suffered a head injury. The injured claimant was the middle child of three and living in a single parent home. They were in a desperate situation with their survival dependant on his mother selling trinkets on the side of the street or charity. The Road Accident Fund however refused to compensate him. Eventually the matter was settled at court for R1 400 000.00 plus an undertaking to pay for all medical expenses After receiving the payout, with our assistance, Master C.G purchased a home and has been seeing an occupational therapist. The balance of his money has been invested. From having no hope the future is now greatly improved for this little boy.
(5 July 2012)
Perseverance wins against RAF obstinacy
Mr. J.A, 34 year old pedestrian suffered a femur injury. The Road Accident Fund (RAF) repudiates his claim refusing to pay anything alleging the incident was completely his fault. Mr. J.A lost his job and had to depend on social grant and his elderly mother in order to survive. He gave up all hope as the RAF was adamant that as he had been drinking, he was not entitled to any payout. The matter proceeds to trial on liability and Fund ordered to make compensation with appropriate adjustment due to client’s own negligence. At quantum trial, the quantum settles for a million. Mr. J.A looks forward to a new lease on life, purchasing industrial machinery to start a small home business
(19 July 2012)
RAF bureaucratic stance ruins elderly man's life until we step in to bring hope
Mr. M.S was 62 years old when he was struck by a motor vehicle. He suffered multiple orthopaedic injuries. Having no insurance or cover to assist him and now being unable to work due to his injury, he finds himself in a desperate situation, his home was repossessed by the Bank due to his inability to pay the mortgage bond. After a battle against the RAF he has
been absolutely stunned at the final Court settlement of R600 000.00 on general damages. He can now get back his home, invest monies towards his old age and be independent of charity and relatives that have taken advantage of his poor state of affairs.
(3 August 2012)
Road Accident Fund offer of R10 000.00 rejected. A court order was eventually obtained for R1.9 million, 190 times the Road Accident Fund's offer
A minor child was walking on the side of the road when he was struck by a negligently driven furniture delivery vehicle. The matter was initially dealt with by another firm of attorneys before SM’s mother approached us for assistance. The Road Accident Fund had at this stage tendered an offer of R10 000.00 in full and final settlement of young SM’s claim. We took over the file from his previous attorneys and sent him for a multitude of assessments from our panel of medical experts who determined that he had suffered a head injury as a result of the collision. We then proceeded to set the matter down for trial. An order was eventually obtained for 1.9 million together with an undertaking to cover any future medical expenses. We subsequently assisted young SM in purchasing a home and investing the balance to provide him a monthly income for the rest of his life.
(30 August 2012)
Security officer awarding R550 000.00 for a fractured tibia and fibula
Mr. CR was a security officer who was a pedestrian when he was struck by a vehicle. The vehicle failed to stop and fled the scene. The claim was submitted to the Road Accident Fund and unfortunately the most they were prepared to offer was R60 000.00 in full and final settlement. We advised the client against accepting this amount and proceeded to trial. The matter was eventually settled on the day of the trial with client receiving R550 000.00 together with an undertaking to cover any future medical expenses he may incur.
(20 September 2012)
Court awards client more than 100 times the amount of the RAF offer
Mr. M. was a 20 year old pedestrian when he was struck by a motor vehicle. He sustained head injuries. The Road Accident Fund was initially only prepared to offer R14 000.00 in full and final settlement of his case. Campbell Attorneys proceeded to trial in the matter. Before trial, the Road Accident Fund agreed to settle liability with a 20% apportionment against client. The Road Accident Fund then turned around and tried to revoke their settlement which application they subsequently abandoned at court. Despite continuous attempts to have the Road Accident Fund provide client with a fair and just offer, none was forthcoming and subsequently the trial ran. After a three day trial, the court awarded client an amount of R1 431 000.000 after taking into account the 20% apportionment against client.
(22 October 2012)