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WCLawyer, Attorney
Category: South Africa Law
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Experience:  L.LB (UOVS)
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Good afternoon. I Was involved in a car accident in May

Resolved Question:

Good afternoon.

I Was involved in a car accident in May 2013 I then spent almost two months in hospital.
I Was a passenger and did not wear my seat belt, I sustained fairly serious injuries as follow
- Broke my right leg in several places (underwent surgery and a I now have a spike from just under my hip to my knee)
- Broke my hip (according to my doc I will require a hip replacement in a couple of years)
- Damaged my knee
- Injured my lower back
- Broke my Pelvis (plates and screws were installed)
- I Then got blood clots in hospital (I Have to take medication for up to 9 months for this)
- And I had an infection in my hip after the operation.

I Have returned to work on light duty and is bound to the office instead of work on site as I am a Site manager on oil rigs and refineries.
My field consist of the following.
Erecting scaffold
Rope access
Tank inspections (climbing cat ladders and moving in very small spaces)
Confined space rescue (climbing cat ladders and moving in very small spaces)

Do I have a third party claim and in the past is it worth claiming from a financial point of view?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day and thank you for your question. My name is XXXXX XXXXX I will try and assist you today.

There are a lot of Road Accident Fund attorneys that instigate claims on behalf of their clients on a contingency agreement. This means that they only get paid if you win and they are only allowed to take 25% of the awarded amount, or double their taxed fees, whichever is the lesser amount.

They will consult with you in order to establish whether you have a viable claim and the consultation would not cost you a thing either.

Since you were the passenger, you would probably have a claim given that you could not be a negligent driver. The fact that you did not have a safety belt on will mean that your claim can be reduced by the judge based on the Apportionment of Damages Act, since by not wearing your seatbelt, you increased your damages (possibly) and the increased damages cannot be attribute to the negligence of the negligent driver.

This is all very technical, I know, but you seem to have come here to ask whether you can claim or not. I am of opinion that there is a very chance that you can, but I cannot say for certain since I don't have the facts. But since there are attorneys who specialize in this field and they basically work for free, unless they win, it is going to be no skin off your nose to go and see one of those firms.

I am, unfortunately, not allowed to make any direct referrals, but there is a directory of attorneys at www.attorneys.co.za. Look for a Personal Injury attorney or RAF specialist. Make sure they work on contingency before you go and maybe phone the relevant law society to make sure they are a reputable firm.

I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 14999
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you

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