De Broglio Inc has secured an excellent Road Accident Fund payout of R800 000 for a client who fractured his wrist in a car accident.
Henry Meersman* was involved in a collision at a robot-controlled intersection. Since both drivers alleged that the light had been green for them, it could not be determined who was to blame for the motor vehicle accident.
The court therefore ruled that they were each 50% to blame, which meant that Henry’s third-party compensation would be less than it would have been had the other driver been proved to be 100% at fault.
In the crash, Henry fractured his left forearm and sustained injuries to his left knee and ankle. The medico-legal doctors said that his arm had healed well, although osteoporosis was noted, and that if this IT specialist receives the recommended treatment, he should make a full recovery.
De Broglio Inc secured a handsome R800 000 offer from the Fund, which includes general damages for pain and suffering, and special damages for Henry’s past and future loss of earning capacity.
This award is regarded as a coup for his legal team and is an example of savvy litigation, especially since Henry’s injury was not a serious one, added to the fact that it could not be conclusively ascertained that he did not play a role in causing the accident. If there had been a witness to back up his account, the sum could have been even higher.
*Names have been changed to protect client confidentiality