Champions for Third-Party Claims in South Africa
Third Party Claims
01
What is Third Party Claims?
A third-party claim arises when you suffer harm due to the negligence of another party. This negligence can take many forms, from a car accident caused by a reckless driver to a slip and fall on a poorly maintained property. If you’ve been a victim of such negligence, you may be entitled to compensation for your losses. At Engelsman Magabane Incorporated, our dedicated team understands the complexities of third-party claims and is committed to fighting for the compensation you deserve.
02
South African Law and Third Party Claims
The legal basis for third-party claims in South Africa rests on the principle of delictual liability. This principle, enshrined in the common law, holds responsible parties accountable for harm caused by their wrongful actions or omissions. To succeed in a third-party claim, you’ll need to prove that:
- The party owed you a duty of care (e.g., a driver has a duty of care to other road users).
- The party breached that duty of care through negligence (e.g., driving under the influence).
- The breach of care caused you harm (e.g., injuries sustained in the accident).
- You suffered damages as a result of the harm (e.g., medical bills, lost income).
03
The Process of Third Party Claims
The third-party claim process typically involves these steps:
- Initial Consultation: Schedule a consultation with Engelsman Magabane Incorporated to discuss your situation and explore your legal options.
- Evidence Gathering: We will assist you in gathering evidence to support your claim, such as medical records, police reports, and witness statements.
- Negotiation (Optional): In some cases, we may attempt to negotiate a settlement with the negligent party’s insurance company.
- Litigation (if necessary): If a settlement cannot be reached, we will represent you effectively in court to pursue your claim for compensation.
04
Consultation Process
At Engelsman Magabane Incorporated, we understand the physical, emotional, and financial burdens associated with a third-party injury. We offer:
- Client-Centered Approach: We take the time to understand the specifics of your case and tailor our strategy to maximize your recovery.
- Skilled Negotiation & Litigation: Our experienced team will strive for a fair settlement through negotiation, but we are prepared to fight for your rights in court if necessary.
- Expert Evidence Gathering & Case Building: We meticulously gather evidence and build a strong case to support your claim.
- Communication & Support: We keep you informed throughout the process and address your questions promptly.
05
Why Choose Engelsman Magabane Incorporated?
Choosing Engelsman Magabane Incorporated provides several advantages:
- Proven Track Record: Our team has a successful history of securing compensation for victims of third-party negligence.
- In-Depth Knowledge of Delictual Law: We possess a thorough understanding of the legal principles governing third-party claims.
- Financial Resources: We can manage the financial aspects of your case, allowing you to focus on recovery.
- Relentless Advocacy: We are dedicated to holding negligent parties accountable and ensuring you receive the compensation you deserve.
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Janine Snyders
LLB. LLM University Of The Free State
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Have Questions?
Don’t suffer the consequences of someone else’s negligence in silence. Contact Engelsman Magabane Incorporated today. Schedule a consultation to discuss your case and let our experienced team fight for the compensation you deserve.