updated: 21-Jun-13
It does happen that sometimes a client cannot recall how an accident happened. This oftens occurs when the client suffers a head injury as a result of the collision. De Broglio Inc Attorneys are experts in all types of Road Accident Fund claims and through thorough consultation and investigation, have been successful in uncovering the events of an accident and claiming compensation for clients accordingly.
In the matter of Juan van Wyk versus the Road Accident Fund, Juan was one such client who had no recollection of how the accident occurred. He had recollection of the events leading up to the accident but no recollection of the accident itself or for a short while before it occurred.
Juan was driving his 3 day old car when the accident happened which occurred at about 2am on a Saturday morning in the Boksburg area.
Even though the information about how the accident was limited initially, the team at de Broglio Inc Attorneys was able to ascertain that Juan had in fact skipped a red robot. This was confirmed by the other driver and two independent witnesses.
This did not stop de Broglio Inc Attorneys in getting the highest possible compensation for their client. They employed the services of an independent accident reconstruction expert who gave evidence that the other driver had been speeding at the time of the accident.
The merits were settled on the day of the trial with 30% in the favour of Juan in light of this evidence that the other party was also partially to blame for the accident.
De Broglio Inc Attorneys ensured they claimed for all spheres of Juan’s life that had been affected as a result of the injuries he had sustained from the accident including his head injury which would affect his working and social life at the time and in the future.
At the time of the accident, Juan was employed as a Foreman in the construction industry. He has been employed since shortly after the accident however, due to the severity of his head injury, the medical experts involved in the case agreed that he will probably not be able to hold down employment for long periods of time in the future.
Juan’s case against the Road Accident Fund was settled for R 1 388 949.70 after the apportionment based on the 30 % settlement for merits.
This is a remarkable settlement based on the limited evidence provided by the claimant and the 30 % settlement in terms of who was to blame for the accident but this is yet again another example of how de Broglio Inc Attorneys are able to secure the highest compensation for their clients in spite of the obstacles in front of them.
*Names have been changed to protect client confidentiality
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.