Frequently Asked Questions

  • QHow long do I have to claim? 

     

     

     

    A

    This will depend on the type of claim you have. Should you believe that you might have a claim, contact an Attorney so soon as possible to discuss the prescription periods applicable to your claim. In general you have a period of three years from the date upon which you were injured to claim compensation.

  •  

    QWhat is the difference between merits and quantum? 

     

     

     

    A

    Although the words “quantum” and “damages” according to the legal definition thereof in a narrow sense denotes the monetary or pecuniary compensation awarded by a process of law to a person for loss or damage suffered as a result of the actionable wrong of another,33 it may have an extended meaning in such cases where the issues to be determined at the trial have been separated into merits and quantum.

  • QIs there an age requirement to institute legal proceedings? 

     

     

     

    A

    Age 18

  • QWill I need to testify? 

     

     

     

    A

    The possibility exists that you may have to testify in Court as to the merits aspect of your claim, i.e. to give your version to the Court as to the events leading up to the collision. In some circumstances you might also have to testify in respect of the injuries sustained in the accident and the effects of the injuries on your life.

  • QWhat does disbursement mean? 

     

     

     

    A

    Disbursement means the payment of money from a fund or account. If the disbursement of paychecks at your job was delayed because your boss forgot to fill out some paperwork, you'd probably be furious. Disbursement is a noun that describes the spending or distributing of money.

    In the context of a claim, it means, inter alia, the payment of the Sheriff’s fees, medical experts for assessing you and preparing medico-legal reports, photocopying charges, etc.

  • QIf I have a complaint against an attorney what can I do? 

     

     

     

    A

    Raise your complaint with the Attorney, and if he or she cannot or will not resolve your complaint, contact one of the Directors or Partners of the Law firm. In the event that your complaint still does not get the attention it deserves, you are entitled to request the intervention of the Law Society of the Northern Provinces – the attorneys’ regulatory Professional Body.

  • QWhat can I claim for? 

     

     

     

    A

    In general you can claim for:

    1. Past Medical Expenses;
    2. Future Medical Expenses;
    3. Past loss of income;
    4. Future loss of income; and
    5. General damages (certain conditions apply in respect of claims against the RAF).
  • QHow long does it takes to finalise a case? 

     

     

     

    A

    The duration of your case depends on whether the matter gets settled between the parties, or whether the matter proceeds as a litigated matter in the High Court. It is important to note that before your matter can be finalized, your injuries must have settled or the risk of under-settling the matter exists. Due to the complex nature of litigation a matter can take up to 4 to 5 years to be adjudicated before a Judge.

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FAQ

How long do I have to claim?

This will depend on the type of claim you have. Should you believe that you might have a claim, contact an Attorney so soon as possible to discuss the prescription periods applicable to your claim. In general you have a period of three years from the date upon which you were injured to claim compensation.

What is the difference between merits and quantum?

Although the words “quantum” and “damages” according to the legal definition thereof in a narrow sense denotes the monetary or pecuniary compensation awarded by a process of law to a person for loss or damage suffered as a result of the actionable wrong of another,33 it may have an extended meaning in such cases where the issues to be determined at the trial have been separated into merits and quantum.

What does disbursement mean?

Disbursement means the payment of money from a fund or account. If the disbursement of paychecks at your job was delayed because your boss forgot to fill out some paperwork, you'd probably be furious. Disbursement is a noun that describes the spending or distributing of money.

In the context of a claim, it means, inter alia, the payment of the Sheriff’s fees, medical experts for assessing you and preparing medico-legal reports, photocopying charges, etc.

If I have a complaint against an attorney what can I do?

Raise your complaint with the Attorney, and if he or she cannot or will not resolve your complaint, contact one of the Directors or Partners of the Law firm. In the event that your complaint still does not get the attention it deserves, you are entitled to request the intervention of the Law Society of the Northern Provinces - the attorneys’ regulatory Professional Body.

Will I need to testify?

The possibility exists that you may have to testify in Court as to the merits aspect of your claim, i.e. to give your version to the Court as to the events leading up to the collision. In some circumstances you might also have to testify in respect of the injuries sustained in the accident and the effects of the injuries on your life.

What can I claim for?

In general you can claim for:

  1. Past Medical Expenses;
  2. Future Medical Expenses;
  3. Past loss of income;
  4. Future loss of income; and
  5. General damages (certain conditions apply in respect of claims against the RAF).

How long does it takes to finalise a case?

The duration of your case depends on whether the matter gets settled between the parties, or whether the matter proceeds as a litigated matter in the High Court. It is important to note that before your matter can be finalized, your injuries must have settled or the risk of under-settling the matter exists. Due to the complex nature of litigation a matter can take up to 4 to 5 years to be adjudicated before a Judge.