Personal Injury Claims
Motor Vehicle Accident(RAF)
- Have you, or anyone you know, been involved in a motor vehicle accident resulting in life changing injuries?
- Did you suffer the burden of the medical bills that followed as a result of the motor vehicle accident?
- Are you no longer able to support yourself or your family as a result of losing your job due to the disability you got from the accident?
If any of these apply to you, the South African government has set up a fund to assist people in restoring their loses and help them get back up on their feet.
You might have a case that awards you money from this government fund to alleviate your current struggles. Give us a call or send us an email about your case and with further investigation, we will be able to determine whether or not you could claim for compensation from the government or a third party involved in the accident.
At Dumalisile V Attorneys, we strongly advise that people refrain from committing fraudulent acts in order to claim from this fund. You risk prosecution or worse, your life. It is not advised to intentionally cause harm to yourself for money.
Medical Negligence/Malpractice
Medical Negligence
Occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. It involves unintentional mistakes, such as misdiagnosis, delayed treatment, or surgical errors due to carelessness.
Key Element: The provider did not act with reasonable skill and care expected under the circumstances.
Medical Malpractice
A subset of negligence but involves intentional or reckless disregard for patient safety. Requires proving:
- A doctor-patient relationship existed
- The provider breached the standard of care
- The breach directly caused harm (causation)
- The harm led to damages (physical, financial, or emotional).
Examples: Performing surgery while intoxicated, falsifying medical records, or knowingly using defective equipment.
Legal Consequences
Medical negligence may result civil lawsuits resulting in financial compensation for the victim, disciplinary actions (like license restrictions), or mandatory training, but typically no criminal charges against the practitioner unless the negligence was grossly reckless. In cases of malpractice, where intentional harm or extreme recklessness is proven, consequences are more severe—higher damages (including punitive fines), potential license suspension or revocation, and even criminal prosecution (e.g., for fraud or wrongful death). Legal outcomes depend on the severity of misconduct, with negligence cases focusing on compensation and malpractice cases potentially leading to professional and criminal penalties.
What We Do
We assist a victims of medical negligence or malpractice by evaluating the case, gathering evidence, and proving that the healthcare provider breached the standard of care, directly causing harm. We negotiate for fair settlements or, if necessary, file a lawsuit to pursue compensation for medical expenses, lost wages, pain and suffering, and even punitive damages in extreme cases. Additionally, we can report the practitioner to medical boards for disciplinary action, ensuring accountability while guiding the victim through the legal process to secure justice.
Workplace Injuries
In South Africa, workplace injuries are primarily governed by the Compensation for Occupational Injuries and Diseases Act (COIDA), No. 130 of 1993. This law outlines the responsibilities of employers, employees, and the Compensation Fund, as well as the role of an attorney in assisting injured workers with claims.
Employer’s Responsibilities Under COIDA
Under South Africa’s Compensation for Occupational Injuries and Diseases Act (COIDA), employers must register with the Compensation Fund, pay annual assessments, and report workplace injuries within 7 days. They must also submit medical reports for injuries causing more than 3 days of sick leave and assist employees with documentation—without dismissing or victimizing them for claiming. COIDA provides no-fault compensation, covering medical expenses, disability payments, and death benefits, but bars employees from suing the employer unless there’s gross negligence or intentional harm.
Employee’s Responsibilities Under COIDA
What We do
We assist by ensuring proper claim submission, tracking delays, and appealing rejections. We also handle disputes with the Compensation Fund, challenge underpaid benefits, and take legal action if the employer is unregistered or non-compliant. If COIDA benefits are insufficient (e.g., due to gross negligence), we may pursue civil lawsuits or third-party claims. We will also secure fair disability payouts, rehabilitation support, and death benefits for dependents, navigating the system’s complexities to maximize compensation.