Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
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The coverage given, after the Road Accident Fund constitutional case was lost, to what Jeremy Cronin had to say, was a great example of how to tell a story so that it suits you. He essentially said that it was great news, because now more money will go towards the injured victims than attorneys. If you think about that, his statement is probably quite true, but what he is not telling the members of the public is that while they might be getting a higher percentage of the money in future, they will not be getting as much money as before!
To give you an example, a person who previously might have a case for relatively minor injuries, of let us say, of R20 000,00 for pain and suffering and R1 000,00 for past medical expenses, will now have a claim for R1 000,00 only for past medical expenses. Because no attorney will help that person, if the person goes through with the claim process, which is doubtful in itself, since it is complex even for attorneys, they will receive R1 000,00 without any legal costs because no attorney will take on the case. So 100% of the money will go to the injured victim. In terms of the old Act, the case would have been settled for R21 000,00 and not R1000 – so even if the attorney may have taken a fee of R5 000,00 from the capital the member of the public would have received R16 000,00 instead of R1000 now. The member of the public is certainly not better off because attorneys are earning less fees!
There is no doubt, to my mind, that with attorneys’ involvement reduced, a higher percentage of the money will be paid to the injured victim – what Jeremy Cronin should just have said you will be getting a higher percentage of nothing.
Posted by Michael de Broglio on Wednesday 12-Jan-11
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Gareth said:
on Wednesday 12-Jan-11 11:01 AM
Is that not the job of our politicians. Many will never understand the true problems of those that elected them into power. 75% of something will always be more than 100% of nothing. Where will all the monies now go?
As it is said:
on Wednesday 12-Jan-11 10:53 AM
Just a pity that the organised profession has not saw fit to explain it as simple to the public, when something could be done about it.
How about publicizing the fact that if your child, on whose behalf you cannot even obtain insurance in the market place in respect of his income earning capacity, gets injured, will be doomed to a maximum claim for loss of income of R15000-00 pm if his income earning capacity is destroyed in an accident, notwithstanding the fact that the day before the accident he was a brilliant student with the ability to become a neurosurgeon or similar?
How about asking them to explain the justification for that, when the rich drunk driver who destroyed his life gets off scott free?
elaine said:
on Wednesday 12-Jan-11 10:52 AM
yep i agree one hundred percent, these kinds of people seem to think the average south african is dumb and doesn t understand what the meaning of this is
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
