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News > R880k payout after young man?s dreams are dashed

R880k payout after young man?s dreams are dashed

updated: 05-Mar-10

Colin Smith* was determined to complete his Matric – but after a car accident left him with severe brain damage, this goal is now a distant and probably unattainable dream.

Recently, de Broglio Inc solicited a R880 000 settlement from the Road Accident Fund (RAF) for Colin, 25, whose life has been irretrievably altered by the crash. It took place on 8 July 2004, on the corner of Louis Botha Avenue and Houghton Drive in Johannesburg, when another driver skipped a red robot and collided with Colin’s car.
He sustained a traumatic head injury that caused him to have epileptic fits, which are now thankfully in remission. The young man was also unable to pass Matric, despite numerous attempts, as a result of his brain affliction that caused him to experience frequent lapses in concentration and excessive fatigue.
He is currently working as a data capturer with the South African Police Service, and it looks likely that he will not advance much beyond that level in his working career.
De Broglio’s experts concluded that had Colin been able to complete his schooling – which he was on track to do prior to the accident – his prospects of attaining more qualifications and skills, and thereby earning a higher salary, would have been significantly higher.
The matter had been on trial previously, when the Fund failed to concede any liability for negligence. However, the presiding judge subsequently awarded 80% of the merits of the case to Colin, meaning that any court-ordered award would be paid to him proportionately.
After the 20% was deducted, this brought his settlement to R880 000, a payout that took into account his future loss of productivity and earning capacity.
“This award will go a long way towards giving Colin a helping hand through life, although no amount can ever fully compensate him for his unfulfilled potential,” commented Michael de Broglio.
*Names have been changed to protect client confidentiality


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