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  FAQ

 
Read more What can I claim for?
Read more What does 'on a contingency basis' mean?
Read more I was injured in a motor accident, does that count as a personal injury claim?
Read more I have heard it is impossible to get doctors to give evidence against other negligent doctors?
Read more I am a doctor and I would like to refer a case to you on a confidential basis. Can this be done?
Read more I have heard these cases take a long time and it can be many years before they are resolved?
 
 
What can I claim for?

All personal injury claims consist of the same. The categories would always include things such as general damages, which are money for pain and suffering, as well as money for the past medical expenses that you have incurred. In addition to this, with the use of medico legal experts, and other experts such as actuaries, we will calculate what future medical expenses you require as well as any potential future loss of income, in addition to your past loss of income.

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What does 'on a contingency basis' mean?

We handle cases on a contingency basis, meaning that clients can elect if they want to, that instead of having to pay fees as the matter proceeds as they would in an ordinary case, such as a divorce, they can pay us at the end of the matter. If we proceed on that basis, we agree on a fee in terms of the Contingency Fees Act or a common law contingency fee agreement whereby we take a percentage of the case at the end of the matter and in return, we take all of the risks and run the case on your behalf. We handle cases on a contingency basis within those Provinces that allow it, and these include the Gauteng area. Of course, if you want to, you can elect to have a normal fee agreement and can pay our fees on a monthly basis.

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I was injured in a motor accident, does that count as a personal injury claim?

A claim against the Road Accident Fund for injuries sustained in a motor accident is probably the most common type of personal injury claim in South Africa, and it is the one that most people are familiar with. You can read more about these types of claims on our related website www.accidentclaim.co.za .

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I have heard it is impossible to get doctors to give evidence against other negligent doctors?

This is a common perception that people have, but it is not the reality and while it sometimes seems to be more common in smaller areas, it is certainly not the case in a large city where most of the experts we use are based. You certainly will, from time to time, find that a certain expert may not wish to give evidence against another expert, but by and large, one is dealing with professionals.

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I am a doctor and I would like to refer a case to you on a confidential basis. Can this be done?

A lot of matters are referred to us by doctors, and in many cases, while it is important to them that justice is done, they do not want their name to come up in any subsequent proceedings. We are happy to assist and in such a matter we would suggest that you contact Michael personally at michael@onlinelaw.co.za or on (011) 788-7273.

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I have heard these cases take a long time and it can be many years before they are resolved?

We don’t want to tell you that that is not the case, but the truth is that any case that is worth more than R100 000,00, and we generally do not take on smaller cases, is going to proceed in the High Court. That would be the case for most divorces as well, and you cannot get a court case in the High Court much faster than approximately 2 years. So, unless the matter is settled, it is quite normal that it will be a number of years before it is finalised. On the other hand, you should not let that stand in the way of ensuring that justice is done.

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127 Jan Smuts Avenue, Parkwood, Johannesburg | Tel: 011 7887273 | Fax: 011 7887274 | personalinjury@onlinelaw.co.za
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