Personal Injury Claims

When you launch a person injury claim, you are going to need to acquire all of the necessary evidence and documentation, as well as consulting with legal experts. You may need to hire a lawyer, it all depends on the size and nature of your claim. Below are some of the necessary processes and documents that you need when you launch a claim of personal injury.

  • You should be examined by a medico legal professional and by your attending doctor. These medico legal experts are trained to quantify and identify your injuries and their potential causes.
  • There needs to be an investigation into the incident so that it can be identified and negligence or fault can be proven on behalf of the accused.
  • You will need to complete and submit any statutory claim forms, in the time that you are given. For example, the RAF has 120 days to consider the matter at hand before any legal proceedings against the fund can take place.
  • You will have to document, in writing, that you intend to launch a claim against the accused person and then furnish your legal representative with this document.
  • Then your lawyer is going to request a summons be granted, and they will serve the accused person with the notice of intent of legal proceedings.
  • The accused person has a certain time period in which they will be required to notify you of their intention, which will be to either settle out of court or to fight the claim.
  • The following stages are set out for communication between the defendant and the claimant. If possible, in most cases, it is preferable to have the matter settled outside of court, as a trial is quite a lengthy and expensive process.
  • If your case does end up going to trial, a date will be set for you.
  • Your trial then carries on as a normal trial would, with your legal representative arguing your case, presenting evidence and calling witnesses in support of your claim.
  • The accused will then attempt to disprove the argument that your representative puts forward.
  • Finally, the Judge will make a decision and rule on the matter, the Judge will either dismiss your claim or grant you compensation.

Leave a reply

Contact Us
+27128091588
paul@pauldup.co.za
Block 2, Lombardy Business Park Cnr Cole
& Graham Rds Lombardy Pretoria
Mondays - Thursdays 08h00-16h00
Friday 08h00-13h00

Contact Form
  • This field is for validation purposes and should be left unchanged.
© 2019 Paul du Plessis Attorneys All rights reserved | Privacy Policy | Articles | Legal help by Right Click Media