Expert Legal Assistance for
Personal Injury and Medical Negligence Claims
At JRR, we understand that suffering a personal injury or experiencing medical negligence can be incredibly stressful and life-altering. Our expert team of solicitors is here to guide you through the process of making a claim, providing support, and ensuring you receive the compensation you deserve.
Our Expertise
A recent victory for our client involved a matter that went to court where we secured a victory for the minor of almost R8 000 000 (R8 million rands). The Road Accident Fund was aggrieved with the decision and tried to overturn it. Once again, our team of experienced attorneys and senior counsel were successful in opposing this. or the delays it caused.
With almost 20 years of experience in this area of law, our firm has positioned itself to accumulate the necessary evidence to enable us to evaluate the merits and pursue a claim for damages against the medical practitioner/ hospital that caused the injury and harm.
Road Accident Fund Claims
Being involved in a road accident can be a traumatic experience. If you have suffered injuries due to a road accident that wasn’t your fault, you may be entitled to make a claim with the Road Accident Fund (RAF). Our experienced solicitors have a proven track record in successfully handling RAF claims, ensuring our clients receive the compensation they are entitled to.
Medical Malpractice Claims
Medical professionals have a duty of care to their patients. If you believe you have been a victim of medical malpractice, our specialist solicitors can help you make a claim for compensation. We have a wealth of experience in handling medical malpractice claims and will guide you through every step of the process.
Expert Legal Assistance for
Personal Injury and Medical Negligence Claims
At JRR, we understand that suffering a personal injury or experiencing medical negligence can be incredibly stressful and life-altering. Our expert team of solicitors is here to guide you through the process of making a claim, providing support, and ensuring you receive the compensation you deserve.
Our Expertise
Road Accident Fund Claims
A recent victory for our client involved a matter that went to court where we secured a victory for the minor of almost R8 000 000 (R8 million rands). The Road Accident Fund was aggrieved with the decision and tried to overturn it. Once again, our team of experienced attorneys and senior counsel were successful in opposing this. or the delays it caused.
Medical Malpractice Claims
With almost 20 years of experience in this area of law, our firm has positioned itself to accumulate the necessary evidence to enable us to evaluate the merits and pursue a claim for damages against the medical practitioner/ hospital that caused the injury and harm.
Road Accident Fund Claims
Being involved in a road accident can be a traumatic experience. If you have suffered injuries due to a road accident that wasn’t your fault, you may be entitled to make a claim with the Road Accident Fund (RAF). Our experienced solicitors have a proven track record in successfully handling RAF claims, ensuring our clients receive the compensation they are entitled to.
Medical Malpractice Claims
Medical professionals have a duty of care to their patients. If you believe you have been a victim of medical malpractice, our specialist solicitors can help you make a claim for compensation. We have a wealth of experience in handling medical malpractice claims and will guide you through every step of the process.
Our Fee Structure – No Win, No Fee
We operate on a ‘No Win, No Fee’ basis, meaning you will not be charged any legal fees unless we successfully win your case. We believe that everyone should have access to expert legal advice, regardless of their financial situation.
Our Process
Consultation
If you are facing a legal problem, it is important to consult with a lawyer as soon as possible. A lawyer can help you protect your rights and interests. We are committed to providing sound legal advice to all South Africans. We operate on a “no win, no fee” basis, and one of our specialist attorneys will assess your case and advise you on whether you have a possible claim.
Representation
Our attorneys are experts in personal injury law. They have the knowledge and experience to help you get the compensation you deserve. In addition to our attorneys, we also have a team of medico-legal specialists and advocates who can help you with your case.
Settlement
Our lawyers will be with you every step of the way, from the moment you contact us to the moment you receive your settlement. We will advise you on whether to accept an early settlement, or if we believe we can get you a better outcome through litigation. We will fight for your rights and get you the compensation you deserve.
Frequently Asked Questions
1. What does personal injury law entail?
Personal injury law, also known as delict law, is a branch of law that focuses on protecting individuals and their property from harm caused by others’ actions or lack of action. It allows the injured party to seek compensation from the person responsible for their losses.
2. What kinds of personal injury claims exist?
There are primarily three categories of liability in personal injury claims:
- Negligence,
- Intentional liability, and
- Strict liability.
Negligence is common in car accidents, slips and falls, and medical negligence cases. Intentional liability involves deliberate harm, while strict liability holds the offender accountable without needing to prove negligence or fault.
3. What is the timeframe for filing a personal injury claim?
In South Africa, the timeframe for filing a personal injury claim varies based on the claim type. For instance, Road Accident Fund claims generally need to be filed within three years from the accident date. Similarly, claims against state organisations must be initiated within three years by serving a Summons on the concerned party.
4. What compensation can I seek in a personal injury case?
General damages in a personal injury case may include compensation for pain and suffering, loss of life’s amenities, and disfigurement. This can encompass both physical and mental anguish, including psychological or psychiatric injuries.
5. What are the costs associated with hiring a personal injury attorney?
Many personal injury lawyers in South Africa charge substantial fees upfront and additional costs as the case progresses. However, JRR Attorneys operates on a “no win, no fee” basis, meaning we only require payment if your claim is successful. This approach ensures that we will represent you throughout the case and cover the costs of engaging experts and specialists without charging an upfront fee.
6. What constitutes medical malpractice?
Medical malpractice occurs when a healthcare professional fails to adhere to accepted practice standards, either through actions taken or failure to act, or when a patient’s informed consent is not obtained. If this negligence directly results in harm to a patient, a compensation claim can be made.
7. What are the key components of a medical malpractice claim?
A viable medical malpractice claim must establish four critical elements:
- Causation (did the doctor’s action or inaction cause the injury?),
- Duty of care (the doctor had a legal obligation to provide care),
- Breach of duty (the doctor did not meet the standard of care), and
- Damages (the patient incurred harm as a result).
8. Is there a statute of limitations for medical malpractice claims?
Generally, medical malpractice claims in South Africa must be initiated within three years from when the alleged negligence occurred. However, there are exceptions, and one of our attorneys can advise on the claim’s validity based on the applicable time limits.
9. What damages can be claimed in a medical malpractice case?
Past and future loss of earnings and medical expenses, costs of specialised devices and equipment and alterations to accommodation and vehicles. General damages in a medical malpractice case cover non-monetary losses such as pain and suffering, loss of life’s amenities, and disfigurement. The courts have the discretion to determine the compensation value for general damages.
10. What is the Road Accident Fund (RAF)?
The Road Accident Fund (RAF) is a government-backed insurance fund that provides compensation to road accident victims in South Africa. Contributions to the fund are made through a statutory levy included in the price of petrol and diesel.
11. Who is eligible to claim from the RAF?
Drivers, passengers, pedestrians, cyclists, and motorcyclists can all claim from the Road Accident Fund, provided they were not entirely at fault for the accident. Both South Africans and foreigners involved in accidents on South African roads are covered by the fund. If you need assistance with an RAF claim, JRR Attorneys can help.
12. What are the limitations on RAF claims?
The Road Accident Fund provides compensation for medical expenses resulting from a motor vehicle accident, funeral expenses if the accident caused death, general damages for pain and suffering (subject to certain criteria), lost earnings due to the accident, and loss of support if the main income earner of a household was killed in an accident caused by someone else’s negligence.
13. How do I initiate a claim with the RAF?
To initiate a claim with the RAF, it is advisable to consult a specialist in Road Accident Fund claims, such as JRR Attorneys. We can assist you in collecting the necessary evidence, including details of the incident, witness statements, and medical records, and then issue a summons to the RAF on your behalf. If required, we will assign a professional medico-legal expert to assist you with this.
1. What does personal injury law entail?
Personal injury law, also known as delict law, is a branch of law that focuses on protecting individuals and their property from harm caused by others’ actions or lack of action. It allows the injured party to seek compensation from the person responsible for their losses.
2. What kinds of personal injury claims exist?
There are primarily three categories of liability in personal injury claims:
- Negligence,
- Intentional liability, and
- Strict liability.
Negligence is common in car accidents, slips and falls, and medical negligence cases. Intentional liability involves deliberate harm, while strict liability holds the offender accountable without needing to prove negligence or fault.
3. What is the timeframe for filing a personal injury claim?
In South Africa, the timeframe for filing a personal injury claim varies based on the claim type. For instance, Road Accident Fund claims generally need to be filed within three years from the accident date. Similarly, claims against state organisations must be initiated within three years by serving a Summons on the concerned party.
4. What compensation can I seek in a personal injury case?
General damages in a personal injury case may include compensation for pain and suffering, loss of life’s amenities, and disfigurement. This can encompass both physical and mental anguish, including psychological or psychiatric injuries.
5. What are the costs associated with hiring a personal injury attorney?
Many personal injury lawyers in South Africa charge substantial fees upfront and additional costs as the case progresses. However, JRR Attorneys operates on a “no win, no fee” basis, meaning we only require payment if your claim is successful. This approach ensures that we will represent you throughout the case and cover the costs of engaging experts and specialists without charging an upfront fee.
6. What constitutes medical malpractice?
Medical malpractice occurs when a healthcare professional fails to adhere to accepted practice standards, either through actions taken or failure to act, or when a patient’s informed consent is not obtained. If this negligence directly results in harm to a patient, a compensation claim can be made.
7. What are the key components of a medical malpractice claim?
A viable medical malpractice claim must establish four critical elements:
- Causation (did the doctor’s action or inaction cause the injury?),
- Duty of care (the doctor had a legal obligation to provide care),
- Breach of duty (the doctor did not meet the standard of care), and
- Damages (the patient incurred harm as a result).
8. Is there a statute of limitations for medical malpractice claims?
Generally, medical malpractice claims in South Africa must be initiated within three years from when the alleged negligence occurred. However, there are exceptions, and one of our attorneys can advise on the claim’s validity based on the applicable time limits.
9. What damages can be claimed in a medical malpractice case?
Past and future loss of earnings and medical expenses, costs of specialised devices and equipment and alterations to accommodation and vehicles. General damages in a medical malpractice case cover non-monetary losses such as pain and suffering, loss of life’s amenities, and disfigurement. The courts have the discretion to determine the compensation value for general damages.
10. What is the Road Accident Fund (RAF)?
The Road Accident Fund (RAF) is a government-backed insurance fund that provides compensation to road accident victims in South Africa. Contributions to the fund are made through a statutory levy included in the price of petrol and diesel.
11. Who is eligible to claim from the RAF?
Drivers, passengers, pedestrians, cyclists, and motorcyclists can all claim from the Road Accident Fund, provided they were not entirely at fault for the accident. Both South Africans and foreigners involved in accidents on South African roads are covered by the fund. If you need assistance with an RAF claim, JRR Attorneys can help.
12. What are the limitations on RAF claims?
The Road Accident Fund provides compensation for medical expenses resulting from a motor vehicle accident, funeral expenses if the accident caused death, general damages for pain and suffering (subject to certain criteria), lost earnings due to the accident, and loss of support if the main income earner of a household was killed in an accident caused by someone else’s negligence.
13. How do I initiate a claim with the RAF?
To initiate a claim with the RAF, it is advisable to consult a specialist in Road Accident Fund claims, such as JRR Attorneys. We can assist you in collecting the necessary evidence, including details of the incident, witness statements, and medical records, and then issue a summons to the RAF on your behalf. If required, we will assign a professional medico-legal expert to assist you with this.
Client Testimonials, Victories in Court, and Success Stories
Cerebral Palsy
Ms L, a mother of an adorable boy born in 2000 approached our office 11 years after his birth incident. We managed to get sufficient records and employ the best medical experts that won the case for our client. The judge was very scathing of the hospital and their lawyers in this case and awarded a punitive cost order against them. The hospital and MEC for Health appealed against the judgment, finally the Constitutional Court confirmed our client’s victory and ordered the hospital to pay 100% of the proven damages.
Retinopathy of Prematurity
This case involved a child who became blind shortly after birth. The mother initially went to a law firm who obtained an expert report, and they subsequently advised the client that her matter had no merits (difficult case to win). The client was disappointed with this advice and approached us for a second opinion. Our firm examined the records and took a detailed history from the mum. After thorough investigations we pursued the matter in the High Court and after a hard-fought trial our client emerged victorious
Cerebral Palsy
Ms L, a mother of an adorable boy born in 2000 approached our office 11 years after his birth incident. We managed to get sufficient records and employ the best medical experts that won the case for our client. The judge was very scathing of the hospital and their lawyers in this case and awarded a punitive cost order against them. The hospital and MEC for Health appealed against the judgment, finally the Constitutional Court confirmed our client’s victory and ordered the hospital to pay 100% of the proven damages.
Retinopathy of Prematurity (Blindness)
This case involved a child who became blind shortly after birth. The mother initially went to a law firm who obtained an expert report, and they subsequently advised the client that her matter had no merits (difficult case to win). The client was disappointed with this advice and approached us for a second opinion. Our firm examined the records and took a detailed history from the mum. After thorough investigations we pursued the matter in the High Court and after a hard-fought trial our client emerged victorious
Why Choose JRR as Your Legal Partner?
Choosing the right legal partner is crucial for the success of your claim. At JRR, we have a proven track record in successfully handling personal injury and medical malpractice claims. Our experienced team of solicitors will provide expert guidance, support, and representation throughout the entire process.
Click here to learn more about our team, vision, and history.
Contact Us for a Free Consultation
Don’t hesitate to take control of your situation. Schedule a free consultation with one of our expert solicitors today. We will carefully assess your case, provide expert advice, and guide you through every step of the claim process.
And remember, with our ‘No Win, No Fee’ policy, reaching out for help comes with absolutely no financial risk on your part. Empower yourself by taking the first step towards justice and healing. Contact us now!