Testimony from medical and financial experts is key to the success of most personal injury claims, including claims against the Road Accident Fund (RAF).
The RAF itself, the courts and your legal team all rely on scientific information about the damages sustained in a road accident to make informed legal decisions.
This makes it vital to have a legal team that can assist you in securing independent opinions from suitably qualified specialists.
Types of experts we work with
We work with a range of experts in their respective fields to provide credible and objective evidence to the RAF and courts.
Our professional network includes plastic surgeons, neurologists, orthopaedic surgeons, psychologists, and occupational and speech therapists.
By testifying before the courts, medical experts can clarify complex concepts and provide scientific evidence as to the nature and severity of injuries, and the impact they are likely to have in the future.
We can call upon accident reconstruction experts and private investigators to testify as to the cause of the accident, and the efforts made to trace the driver or vehicle involved in a hit-and-run.
We also partner with forensic accountants and actuaries who use the information provided by expert medical testimonies to quantify past and future financial losses – loss of income, past and future medical expenses, and loss of support for dependants.
Why medical experts are vital in a road accident claim
Objective, scientific evidence about the injuries sustained in a road accident is the cornerstone of personal injury claims.
Confirming the cause of injuries
Medical experts play a key role in establishing causation – that the injuries were a result of the road accident. They provide evidence linking the accident with the injuries sustained and, in doing so, determine the validity of the claim.
Evaluating the impact of injuries
By providing an independent medical assessment of your injuries, medical professionals can help determine how much compensation is payable.
They establish the severity of the injuries, the extent of ongoing treatment that’s required, and the long-term impact of the injuries on your ability to earn an income and live a normal life.
Determining whether injuries qualify as serious
In South Africa, serious injury is based on two criteria, AMA Guides and the whole person impairment (WPI) threshold percentage.
When your assessed injuries are 30% WPI, they are considered serious and you are entitled to claim compensation for general damages.
However, if an injury is not rated 30% WPI but results in long-term impairment, permanent disfigurement, long-term mental or behavioural issues, or the loss of an unborn child, the injury may still be classified as serious and qualify for compensation.
The role of financial experts in RAF claims
Actuarial experts analyse data and use statistical models to quantify the total financial impact of your injuries. They forecast costs for future medical expenses and assisted care, potentially for the rest of your life.
They assess past earnings and calculate projected income, taking inflation, career advancement and life expectancy into account, to ensure the compensation you receive is fair and can adequately sustain you and, in some cases, your family.
Choosing a legal team with a strong network of specialists
A good legal team always has medical and financial experts standing by to testify in support of your claim against the RAF.
At DSC Attorneys, we can draw on the expertise of a strong network of medico-legal specialists we have built over the more than two decades we’ve been in business as a leading personal injury law firm in South Africa.
Call us on 086 146 5879 to set up an appointment. We work on a no-win, no-fee basis.
