Our firm has a long history of successful litigation in the following fields:

Motor Vehicle Accidents

If you have been injured in a motor vehicle accident, whether as a driver, passenger or pedestrian, you may have a claim for compensation against the Road Accident Fund (“RAF”).  Any person involved in a motor vehicle accident can claim compensation from the RAF, except the driver of a vehicle whose negligence was the sole cause of the accident.

The RAF is a statutory insurer created by Government to pay compensation to victims of a road accident.  The RAF steps into the shoes, and assumes the liability, of the driver who caused the accident.

The RAF is funded by a levy on petrol and diesel.  Purchasers of fuel sold in South Africa, therefore, contribute to the fund.

After an accident, you can claim against the RAF if you were injured or a member of your family was killed:

• while being conveyed as a passenger in a car, bus or truck;
• while being conveyed as a passenger on a motorcycle;
• while driving a motor vehicle or riding a motorcycle and the accident was not your fault;
• while riding a bicycle which collided with a motor vehicle and the accident was not your fault;
• while being conveyed as a passenger on a bicycle which collided with a motor vehicle being driven negligently;
• if you/your deceased family member was a pedestrian and the accident was caused by the negligent driving of a motor vehicle.

Claims can be made against the RAF:

• as a result of bodily injuries, which will include the costs of past and future medical expenses, the past and future loss of earnings/salary and, subject to certain requirements, compensation for pain, suffering and disfigurement (General Damages);
• for loss of support where a breadwinner passed away as a result of injuries sustained in an accident;
• for certain funeral expenses.

You can claim directly from the RAF without the assistance of an attorney.  However, unless it is a very simple and clearly defined claim, you will not receive fair compensation.  Obviously, the RAF will not ensure that you receive the maximum amount recoverable - it is not in the RAF’s financial interests to do so.  By claiming directly from the RAF, you have to rely on a faceless institution to be the “judge, jury and executioner” over your and your family’s future.  Experience has taught that the RAF does not involve all relevant medical experts required to properly assess the injuries sustained by road accident victims, therefore, why risk not securing fair and reasonable compensation when you can ensure that you have expert legal representation to protect your rights?

Claims against the RAF for the blatant undersettlement of claims instituted by direct claimants have been on the increase and such claims form part of our portfolio.

Medical Malpractice

Medical professionals have a duty to comply with a certain standard of care and to provide such medical care as can reasonably be expected from a practitioner with such qualifications and experience.  If a medical professional’s conduct falls below the standard of care, it constitutes medical malpractice.

Examples of Medical Negligence include:

• formulating an incorrect diagnosis or inappropriate treatment of a condition;
• misinterpretation of test and laboratory results;
• errors during surgery (leaving medical instruments in the body during a procedure, damaging organs or tissues, operating on the incorrect side of the body, etc.)
• administering the incorrect type or dosage of a medication;
• failure of nursing staff to communicate new symptoms, complaints or concerns to doctors and other medical professionals;
• delayed birth, particularly where a Caesarean section was indicated, resulting in cerebral palsy.

Railway accidents

The lack of proper safety and security measures and the ill-maintained, outdated railroad infrastructure often lead to injury or even death. Incidents of stampedes on platforms, open train doors while in motion, passengers being pushed out of moving trains and even muggings are rife.

The Passenger Rail Agency of South Africa (“PRASA”) is responsible for ensuring that trains, railway lines, train stations and railway crossings are safe and well maintained. If the agency neglects its duty, and you or a family member are injured and/or killed as a result, you may have a claim.

The following claims can be made against PRASA:

• as a result of bodily injuries, which will include the costs of past and future medical expenses, the past and future loss of earnings/salary and for pain, suffering and disfigurement (General Damages);
• Claims for loss of support and/or funeral expenses, where a breadwinner passed away as a result of injuries sustained.

Dog bite / animal claims

If you are injured by a dog or other domesticated animal, you may have a claim against the owner of the animal if certain requirements are met.

It is important to identify the owner of the animal and to establish the circumstances of the attack or incident. You will only have a claim if the animal acted contrary to the nature of that animal.

Claims can be made against the owner of the animal:

• as a result of bodily injuries, which will include the costs of past and future medical expenses, the past and future loss of earnings/salary and for pain, suffering and disfigurement (General Damages);
• Claims for loss of support and/or funeral expenses where a breadwinner passed away as a result of the injuries sustained.

Assault / Unlawful arrest and detention by Police and Metro Police

The Constitution places a duty on the police to prevent, combat and investigate crime, to maintain public order, to uphold the law, to protect and to secure all people within the borders of South Africa, as well as their property.

Police and metro police officers are allowed to use force when strictly necessary, in the execution of their duties, but the force used must always be proportional to the situation. In the event that police and metro police officers use excessive, unnecessary force, they may be guilty of assault.

Claims can be made against the Police or Metro Police:

• As a result of bodily injuries, including claims for past and future medical expenses, past and future loss of earnings and for pain, suffering and disfigurement (General Damages);
• Claims for loss of support and/or funeral expenses, where a breadwinner passed away as a result of the injuries sustained.

Police and metro police officers have the authority to arrest and detain suspects but incidents of unlawful arrest and detention by overzealous officers have been on the rise. Should you believe that you were unlawfully arrested and detained, contact René Fouché Incorporated for a consultation.

Personal Injuries Sustained in Public Areas

Injuries sustained in a shopping mall, retail store, cinema, restaurant, sports stadium, airport, casino, etc. caused by a falling object, a slippery floor or treacherous stairs may be grounds for a damages claim.

The owners or occupiers of public areas have a duty to ensure compliance with basic safety and security requirements, and to ensure proper maintenance, in order to prevent accidents. Although business owners cannot be expected to prevent every conceivable accident, they are expected to exercise such care as a reasonable, cautious person would, in maintaining and safeguarding their property.

Due to the complex nature of these claims, it is advisable that you contact us for a consultation to enable us to determine whether you have a claim against the owner or occupier of the public area.

The following claims can be made in respect of injuries sustained in Public Places:

• As a result of bodily injuries, including claims for past and future medical expenses, past and future loss of earnings and for pain, suffering and disfigurement (General Damages);
• Claims for loss of support and/or funeral expenses, where a breadwinner passed away as a result of the injuries sustained.

Undersettlement of Claims

The undersettlement of claims have become a reality in recent times. When instituting a claim against any organisation, whether it is against the Road Accident Fund, a government entity or a private entity (whatever the case may be), your claim must be thoroughly investigated and prepared to eliminate prospects of an undersettlement.

An undersettlement, means that you receive less remuneration than what your claim is actually worth. The aforesaid can be avoided by choosing the right law firm to represent you.

Personal injury is a complex field and it is imperative that a specialist law firm be consulted. It would be difficult to prosecute a medical malpractice claim, or a claim against the Road Accident Fund on your own unless you have the necessary expertise in such matters.

We represent claimants in matters where the Road Accident Fund takes advantage of claimants’ ignorance and dire circumstances to settle claims.

We similarly represent claimants in cases where attorneys fail to obtain fair compensation for clients, as a result of poor preparation, ignorance or greed.