Jennifer’s* attorney under-settled her claim against the Road Accident Fund (RAF). Her attorney settled in terms of old legislation instead of taking into account new developments, case law and legislations impacting the claim. This meant that Jennifer didn’t get what she was rightfully due.
Adendorff Attorneys is subsequently suing her attorney for the difference between the claim’s worth in terms of the new legislations and the amount that the claim was settled for by himself. When attorneys fail to lodge a claim or issue summons timeously on the defending parties, causing the client’s claim for compensation to lapse, the attorney can be held liable in their personal capacity to compensate the claim for the supposed damages that they would have been compensated with, should the claim not have prescribed.
Adendorff Attorneys inc. also issued summons against the RAF for under-settlements and/or non-compliance with statutory requirements in cases where the RAF dealt with direct claims instituted by the RAF themselves. The majority of these cases are under-settled as a result of the injured party’s lack of knowledge of the law.
* names have been changed to protect client privacy