FREQUENTLY ASKED QUESTIONS
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HOW LONG DOES A CLAIM TAKE?
A claim takes on average 3-5 years.
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HOW DO THE COSTS WORK?
We work on a contingency fee basis which means: no win, no fee. You do not need to put any money down. If Kruger & Co takes your case, they carry your legal expenses until the claim pays out.
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WHAT HAPPENS IF THE MATTER IS NOT SUCCESSFUL?
We work on a no win, no fee basis. If the claim is unsuccessful and you will pay no legal fees.
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HOW MANY DOCTORS WILL I HAVE TO SEE AND WHY?
That will depend on your type of injury. For orthopaedic injuries usually 3 doctors to determine future medical treatment, ability to still work and what the future loss of income will be.
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WHAT DOCUMENTS MUST I BRING WITH ME WHEN I SEE MY ATTORNEY FOR THE FIRST TIME?
• ID;
• Accident report- AR/CAS number;
• Hospital folder number or copy of discharge form from hospital;
• Payslips if employed at time of accident;
• Birth certificate, if claiming on behalf of a minor;
• Marriage certificate if claiming loss of support;
• Death certificate if loss of support claim;
• Invoice from undertaker if claiming for funeral expenses -
WHY SHOULD I USE AN ATTORNEY AND NOT CLAIM DIRECTLY FROM THE FUND?
A specialized and experienced attorney will be able to assist you with gathering the necessary documents, appoint an assessor or investigator to investigate the merits of the claim, assist you to lodge your RAF claim and make sure it is substantially compliant . An experienced attorney will negotiate a fair settlement with the RAF. Kruger & Company will finance your claim on a “no win, no pay” basis.
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HOW LONG DO I HAVE TO LODGE A CLAIM?
The general rule is if hit and run: 2 years from date of accident. Identified vehicle: 3 years from date of accident. If you are a minor or brain damaged the rules are complex and an attorney should be consulted.
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MY 24 YEAR OLD CHILD WAS KILLED IN AN ACCIDENT. CAN I CLAIM?
If the child had dependents, they can claim. A parent only has a claim under very specific circumstances. They must be very poor and as one judge in a judgment said, “they must live from nothing”.
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MY 2 YEAR OLD CHILD WAS KILLED IN AN ACCIDENT. CAN I CLAIM?
You have a claim for necessary funeral expenses if you paid them.
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I HAVE INJURED MY BACK IN AN ACCIDENT. CAN I CLAIM?
Yes, you can claim after assessment by a medical specialist. The specialist will assess whether pain and suffering damages can be claimed. They will also assess how your work performance has been affected and if negatively damages must be paid. The specialist report will also set out future medical treatment required which must also be paid. If a specialist finds the injury is not serious, you will have a claim limited to past loss of earnings and medical expenses
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I HAVE FRACTURED MY PINKY FINGER IN AN ACCIDENT. CAN I CLAIM?
If the pinky is essential to you in your circumstances you may have a claim. For example: a professional guitarist who loses his pinky and can no longer play will have a claim.
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I WAS THE DRIVER OF A VEHICLE OF WHICH I AM NOT THE OWNER. THE CAR WAS NOT PROPERLY MAINTAINED BY THE OWNER, THE TYRE BURST AND I LOST CONTROL OF THE VEHICLE. CAN I CLAIM?
Yes, the failure by the owner not to maintain his vehicle and let you drive it unknowingly constitutes negligence.