Case Studies

30% WPI (Whole Person Impairment) not required to qualify for General Damages

Date of Accident : 22.12.2009
Date Settled : 26.04.2012
Injuries : Supracondylar fracture;
right femur;
Midshaft fracture left femur;
Mechanical backpain
WPI : 21%
Narrative Test applied : Yes
General Damages : R350 000.00

PC 4424

Date of Accident : 07.07.2009
Date Settled : 08.02.2012
Injuries :
fracture left clavicle multiple rib fractures left,
fracture pubic rami, ischuim fracture of the
pelvis, injury to the lower back.
WPI : 24%
Narrative test applied : Yes
General Damages : R400 000.00

PC 4162

Date of Accident : 16.11.2008
Date Settled : 22.02.2012
Injuries : Splenectomy, one rib fracture left, strain left tibia,
mechanical backpaiin (lumbar spine), whiplash neck.
>WPI : 13%
Narrative test applied : Yes
General Damages : R450 000.00

PC4328

Date of Accident : 10.12.2008
Date Settled : 22.03.2012
Injuries : Multiple Scars, ganglion left wrist, Sprain left knee
WPI : 6%
Narrative Test applied : Yes
General Damages : R150 000.00

 

Loss of Support

Your firm once received a instruction from a claimant to institute a loss of support claim against the Road Accident Fund as a result of the death of her husband in what was believed to have been  a motor vehicle accident.

The deceased was found in the middle of the road with severe trauma to his head and no witness that actually saw the accident taking place.

A claim was lodged with the Road Accident Fund and duly repudiated, the Fund stating that the deceased did not die as a result of a motor vehicle accident and put the plaintiff to the proof thereof.

We needed to prove:

That the deceased was still alive when he was run down;

That the reasonable road user would have been able to see the deceased and have an opportunity to avoid an accident;

That the trauma that caused his death was due to an accident and not assault;

We managed to locate a witness that passed the deceased lying in the middle of the road whilst  he was on his way to drop his daughter at a friend (obviously to scared to stop fearing a possible high-jacking ploy).

He stated that  when he drove passed the deceased on his way back to his home< a few minutes later it was clear that he had been struck by something as he hadobvious trauma to head. An inspection and reconstruction was conducted involving night photos being taken by a specialist photographer which involved the taking fotos, taking similar conditions as the day of the accident into account, the time being determined with the help of the said witness. An actor was used to imitate the deceased lying in the middle of the road. It was clear from the photo's that the reasonable road user would have been able to see the deceased in time to avoid a collision. Based upon the photos taken  from  the docket we were able to obtain a report from a specialist in blood spatter technology based at the South African Police's forensic department, which confirmed that taking the amount of blood into account the deceased was still alive when he was struck by the object. With the use of an expert in the reconstruction of accidents we were able to show that the amount of trauma could only have been inflicted by a large object like a vehicle or a truck in relation to the trauma that would have been caused by assault. The result :

We convinced the Fund of the validity of the claim and a settlement was reached in favour of the client


R 6 080 084.34 Settlement with RAF

We recently settled a claim with the RAF in the amount of R 6 080 084.34.

Client sustained :

A head injury to the medial fronto-parietal area with a fractured scull;

Fracture to the right side of the ribcage;

Fractured collarbone;

Fractured neck;

Right-sided hemiparesis;

Underwent brain surgery

The client’s earning capacity had been severily curtailed which resulted in a total loss of income;

As far as his physical/occupational injuries were concerned he suffered a 15% Whole Person Impairment (WPI).


R 1 748 522.00 Recent Settlement on 9% WPI

We recently represented a 45 year old client who sustained the following injuries:

Avulsion Fracture of L2 and L3 from which he recovered;

Post traumatic stress syndrome;

Injury to the left hand side of his chest;

Minor head injury;

The client was rated as having a 9% WPI and qualified in terms of the narrative test.

General Damages settlement on 4 %WPI,

Narrative test applied.

 

We recently settled General Damages in the amount of R 303 480.03

in favor of a client as a partial settlemnt of his claim.

Client suffered the following injuries:

Dislocation of the right shoulder;

Laceration on the right arm;

Soft tissue injury of the neck

Loss of earnings still need to be settled.