This is a little different from the kids throwing themselves in front of cars in Mozambique, but kinda the same in some ways.
A personal injury claim is no longer just a broken arm, but an opportunity to make some lekker cash. According to Kirstie Haslam, partner at DSC Attorneys, having an idea of average claim values can put some extra dollars in your pocket.
She told BusinessTech that:
“If you’re injured in a road accident for which you weren’t solely responsible, you can claim compensation for medical expenses, loss of earnings and, in specific circumstances, general damages resulting from the accident.
“Dependants of those injured or killed in road accidents can also claim loss of support and, in the event of a fatality, funeral costs.”
Good to know.
So, how much are we talking about? According to the Road Accident Fund’s (RAF) annual report in 2017:
- [T]he average value paid out per claim was R117,059
- R645,832 was the average pay-out for loss of earnings
- R390,004 was the average pay-out for general damages
- R15,030 was the average pay-out for medical expenses.
But the state-supported insurance fund that’s responsible for providing financial compensation to those who are seriously injured on South African roads – some of the most dangerous in the world – is willing to pay out way more:
Haslam said that depending on the circumstances, the compensation awarded can be very much higher. She cites recent examples that include an award of over R5 million to a woman seriously injured in a car accident, and an award of over R7 million to a vehicle passenger who suffered a head injury and spinal fracture.
Gimme some of that! Without the broken bits, though.
It’s important to note that those with proper legal representation are usually awarded a whole lot more than those without it. Typical.
Moving on to medical negligence and malpractice claims, there is money to be made – or rather exchanged for improper handling of your body, or temple, or whatever:
In Gauteng alone, the Health Department has paid out over R1 billion to settle 185 medical negligence cases since 2015.
Haslam said that the department paid:
- R769 million to settle 50 claims involving brain-damaged babies
- R89.2 million to settle just four cases involving brain damage or cerebral palsy caused by brain damage
- R514 million to settle 44 claims for negligence cases at just one hospital (Chris Hani Baragwanath).
That’s a lot of money, but rightfully so. It needs to cover everything from injury or harm suffered, medical costs (including potential future treatment), rehabilitation and all ongoing support, wrapped up with the impact on the victim’s earning potential.
Oh, there’s more:
“Compensation may also be affected by the nature of the negligence or malpractice involved, the party against which the claim is made and any associated history of claims for similar cases,” said Haslam.
So, where else can we make some money? The opportunity is quite a promising one it seems. Once again, Kirstie has our back:
“[Y]ou may be able to claim compensation from the owner of a private property, the owner of a shopping centre or, in the event of injury in a public space, the local municipality.”
Of course there’s lots to consider. Did the injury result in permanent disability? Are you unable to work and support your family? Can you wipe your own ass?
Think I’ll take my chances of making it on my own.
[source:businesstech]
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