1

Justice Training Centre

Candidate Legal Practitioners Training Programme

MVA
MOTOR ACCIDENTS LAW
AND
MOTOR VEHICLE ACCIDENT
CLAIMS

Practical Legal Training

2005 edition

Prepared by Marlene Dammert-assisted by Shaheed

Ajam
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AIM OF THE COURSE

Candidate attorneys should have a thorough knowledge of the
law relating to personal injuries and death, caused by motor
vehicle accidents and be able to prepare, institute and prosecute
claims of this nature
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TABLE OF CONTENTS

A HISTORICAL BACKGROUND

B A STUDY OF:MVA ACT 30 OF 1990& MVA ACT 4

OF 2001 & REGULATIONS

C A STUDY OF THE APPORTIONMENT OF

DAMAGES ACT 34 of 1956

C PREPARATION AND HANDLING OF MVA CLAIM

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A. HSTORICAL BACKGROUND
After this session the student should be able to:

Briefly describe the history before the current legislation was enacted with
reference to the various Acts in operation with regard to the following time
periods:

i. accidents which occurred prior to 21 March 1990;

ii. accidents which occurred between 21 March 1990 and 21 October

2001;

iii. accidents which occurred on or after 21 October 2001

The origin of the motor vehicle accident legislation can be traced back to the 1939
Motor Vehicle Insurance Bill which for the first time provided for compulsory
insurance of motor vehicles in South Africa. After certain amendments, this Bill
became an Act, namely the Motor Vehicle Insurance Act of 1942 and came into
operation on 1 May 1946.

In 1972 the Compulsory Motor Vehicle Insurance Act No 56 of 1972 was

promulgated, repealing the 1942 legislation. This Act was substantially amended
during 1978 and 1980.The Motor Vehicle Accidents Act No 84 of 1986 was
promulgated, repealing the earlier 1972 legislation.

During 1990 in Namibia, the MVA Act 30 of 1990 was promulgated, repealing the
1986 legislation. This Act was amended by The Motor Vehicle Accident Act 2001
(Act 4 of 2001)
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Empowering Legislation

The MVAF Act 30 of 1990 and MVA Act 4 of 2001 are the empowering
Legislation

Important Time Periods: which Act to apply

In terms of the MVA Act 30 of 1990, all accidents which occurred on or after 21
March 1990 up until 8 October 2001, will only have relevance to claims
instituted by minors, curators and persons certified as mentally ill.

All claims occurring on or after 8 October 2001 are dealt with in terms of the
MVA Act 4 of 2001.

Important differences in the two Acts

The material differences between the two acts are:

(a) The new act does not make any provision for the appointment of Agents;
(b) The new act does not make a distinction between passengers;
(c) The New Act does not have the N$25 000.00 limitation but have limitations
on the different heads of damages.

There are other differences and Candidate Legal Practitioners are encouraged to
take note of these differences.
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B. MVA ACT 30 OF 1990& MVA ACT 4 OF 2001 & REGULATIONS

C. APPORTIONMENT OF DAMAGES ACT 34 0F1956

After this session the student should be able to:

1. With reference to the concept “negligence” to indicate under which

circumstances the Fund will be liable to pay compensation.

2. To distinguish between the Fund’s liability with regard to:

i. passenger(s) conveyed for reward;
ii. passenger(s) conveyed in the course of business of the owner of the vehicle;
iii. passenger(s) conveyed as an employee(s) of the diver/owner of the vehicle;
iv. passenger(s) conveyed as member(s) of a household
v. passengers(s) conveyed under normal circumstances
vi. passengers conveyed as members of a lift club
vii. passengers classified as military staff or defence force members
viii. persons(pedestrians, cyclists etc) other than passengers referred to above

3. To distinguish between the concepts “special” and “general”(patrimonial &

non-patrimonial) damages.

4. To distinguish between” limited” and” unlimited liability”.

5. To explain which procedure to follow where a third party was injured in the
course and scope of his/her employment (WCC & Social Security)

6. To indicate under which circumstances liability will be excluded

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7. To explain what the presumptions are regarding the ”driving” of a motor

vehicle entails;

8. To explain the concept of” unidentified” motor vehicle in terms of the

regulations.

9. To explain the procedure to be followed to fully lodge a claim (meaning:

substantial compliance)

10. To list the circumstances under which the Fund will have right of recourse and
against whom.

11. To explain the concept of contributory negligence

12. To explain the concept of “apportionment”.

13. To explain the notion of joint wrongdoer with reference to joinder of parties.

14. To explain the procedure to be followed in rule 131(1) in the High court & to be
able to draft a third party notice.

15. To explain rule 28(2) application procedure in the Magistrates court and to be
able to draft such a notion of motion
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B. MVA ACT 30 OF 1990& MVA ACT 4 OF 2001 & REGULATIONS

C

Liability of the Fund

The student must already have a good understanding of section 6 & 7 of the MVAF Act 30 0f
1990 & Regulation 2 of 11 Nov 1991 and Section 10 of the MVA Act 4 of 2001 and the
Regulations of 8 October 2001.

Bodily Injuries and or Death

The liability of the fund is confined to Bodily Injury or Death. It excludes liability for
damages to vehicles etc. The damages claimed under the aquilian and action iniuram action.
The fund specified these damages under the headings of Past and Future Medical and Hospital
Costs, Past and Future Loss of earnings, Past and Future Loss of support, Funeral Costs and
General Damages.

(See Vol 1& 11 of the Quantum of Damages – J Gauntlet)

Causal connection between the accident and the injuries sustained

The damages suffered must have been caused by or arising out of the driving of a motor
vehicle and damages should be foreseeable (See Majiet v Santam Limited (1997) 4 All SA 555
(C) and Barnard v Santam Bank Beperk(1997) 4 SA 1032 (T)).

Driving of a Motor vehicle

See presumptions regarding the driving of motor vehicles as well as the definition of a motor
vehicle. ( See Matsiba v Santam Versekeringsmaatskappy Bpk 1997 (4) Sa 832 (SCA))

At Any Place in Namibia

Note that it does not state a Public Road so this could be on farm roads or on private property.

Negligence or unlawful act

The normal tests must be applied to determine negligence. The students are referred to the
authors on the subject. Unlawful Act would include acts in contravention with Traffic Laws
including failure to maintain a vehicle in a proper roadworthy condition. (See Mokholwane v
Pro Honda 1997 (4) Sa 223 (SCA) Robert Elliot Griffiths v Aegis Insurance Company (N)
Case no 541/97 where court analyzed the duties of a driver. H W Kinkelman v MMF (T) case
4491/96 on sudden emergency and what constitutes same. Macleod v Rens 1997 (3) SA 1039
(EC) for application and effect of res ipsa loquitur)
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Person who drove the vehicle or owner or person in the employ of the owner

See the presumptions regarding the driver of a motor vehicle and the definition of owner. (See
Mokholwane v Pro Honda supra).

For the Requirements of vicarious liability see Venter v Bophuthatswana Transport Holdings
(Edms) Bpk 1997 (3) Sa 374 (SCA)

Exclusions in terms

See section 6(2) of Act 30 of 1990 and Section 10 (3) of Act 4 of 2001.

Limitation

See Section 7 of Act 30 of 1990 and Section 10 (2) of Act 4 of 2001 read with Gov Not No 5 of
2003. The Defenition of conveyed is important in relation to the limitation in terms of Act 30
of 1990.

The Funds right to Recourse

This is contained in Section 14 of Act 30 of 1990 and Section 15 of Act 4 of 2001. It should be
noted that under the claimant can claim directly from the driver or the owner if the Fund is
unable to pay.

Prescription of Claims

Both acts contain provisions regarding prescription as well as the Regulation 3 of 11 Nov 1991.
It determines that a claim should be lodged within 3 years from the date of the occurrence
which gave rise to the claim. It further determine that prescription will not run against minors,
persons detained as a patient in terms of he provisions of the Mental Health legislation and a
person under curatorship. The dies are counted according to the civil method of calculation.

Unidentified motor vehicles

This is dealt with under the provisions of the regulations to both acts. See Khumalo v MMF
1997 (4) SA 384 (N) for the requirement of physical contact . Students should note the 14 day
period after which the claimant was in a position to do so, to give an affidavit to the Police of
the particulars of the occurrence that gave rise to the claim.

C THE MAIN FEATURES OF THE APPORTIONMENT OF DAMAGES

ACT, 1956 (ACT: 34 OF 1956)
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Section 1(1)(a) provides that where a claimant suffer damage which is caused partially by
his own fault and partially by the fault of the person from who he seeks to claim such
damages, the damages recoverable in respect thereof shall be reduced by a Court to such
an extent as the court may deem just and equitable, having regard to the degree which the
claimant was at fault in relation to damages

Section 2(1) creates the notion of "joint wrongdoers" and provides that where a plaintiff
alleges that two or more persons are jointly or severally liable in delict to him for the
same damages, that such persons, who are referred to as "joint wrongdoers" may be sued
in the same action;

Section 2(8)(a) of the act provides that if judgement is given in an action in favour of the
plaintiff against two or more joint wrongdoers, a Court may:

1. order that such wrongdoers pay the damages awarded jointly and severally, the one
paying the other to be absolved, or

2. If it is satisfied that all the joint wrongdoers have been joint in the action, apportion
the damages, and give separate judgments against each of the Defendants in
proportion to the respective degrees of fault in relation to the Plaintiffs damages;

3. Section 2 (2), Section 2( 4) (b) and Section (6) (a) envisages the situation wherein
innocent Plaintiff "A" sues one joint wrongdoer "B", who in turn seeks a
contribution under Section 2(6)(a) from the wrongdoer, not in action namely, "C":

Section 2(6)(a) provides that if judgement is given against one wrongdoer for the full
amount of the plaintiffs damages, the said joint wrongdoer may, if the judgment debt
has been paid in full, recover from any joint wrongdoer, a contribution, proportionate to
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such other wrongdoer's blame in relation to the damages paid to the plaintiff, subject to
the necessary notice being given;

Under section 2(2), any joint wrongdoer who is sued by a plaintiff may give notice of
the action before close of pleadings,(as between the plaintiff and the one wrongdoer ) to
any other joint wrongdoer, not sued in the action, and the latter may thereupon
intervene as a Defendant in the action

Section 2(4)(b) provides that failure to give such notice will preclude wrongdoer sued
in an action from instituting proceedings against the wrongdoer not sued, for a
contribution, unless the leave of the Court is obtained.

1. Practical implementation of the provisions of the Act in the High Court:

In the High Court a joint wrongdoer not sued by a Plaintiff may in practice be brought
before that Court in the same action in of two ways - either he intervenes voluntarily, or
he is joined at the instance of the Defendant/s;

A joint wrongdoer not originally sued, who exceeds to a request to intervene, must
bring an Application to Court on Notice to all Third Parties, which, if successful,
renders him a "Defendant" in the action;

On the other hand, a joint wrongdoer, joined at the instigation of an existing Defendant,
becomes a "third party";

Joinder in terms of Rule 13 is not by application through motion proceedings, but such
a third party is automatically joined after a Third Party Notice is served on him together
with the relevant Particulars of Claim and copies of all Pleadings filed to date;

Under Rule 13 (1) a Third Party may be joined:

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 At the instigation of the Defendant who claims to be entitled to a

contribution from such Third Party or who seeks an indemnification in
respect of such relief claimed by the Plaintiff from such a Defendant, or

 at the instigation of the Defendant if the question of issue between them is

substantially the same as those involved between the Plaintiff and the
Defendant;

If Judgment is given in favour of the Plaintiff against two or more wrongdoers, a

Court may either order such joint wrongdoers to pay the damages jointly and
severally or apportion the damages, and give Judgement against the wrongdoers in
proportion to their degree of fault:

See Section 2 (8) and Windrum 1968 (4) 286;

See also Viljoen and Another v Cloete 1978 (3) SA 23 (0);

In regard to the applicability of this Act to MVA Actions, see Bucker v Kellerman
1971 (2) 172 (D) and S A Mutual Fire v van den Bergh 1976 (1) 602 (A) and Van
Wyk 1971 (2) SA (W);

Magistrate's Court:

The problem is somewhat unsatisfactorily entertained in a Magistrate's Court since

the Rules contain no provision corresponding with Supreme Court Rule 13 nor is
there a Rule sanctioning the use of a conditional counter claim;

The Defendant must necessarily therefore employ the provisions of Section 28 (2) of
the Magistrate's Court Act in terms of which he is obliged to bring an Application
consisting of a Notice of Motion supported by Affidavits covering all the necessary
allegations in order to affect such a joinder;
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See Khumalo 1972 (4) SA 470 (W);

Once a joinder has been effected in the Magistrate's Court in Terms of Rule 28 (2), a
Magistrate should then be requested to:

 Implement the provisions of Section 2 (8)(a) of the Apportionment of

Damages Act, or

 apply Section 2 (6) (a) of the same Act - conditional Order: See British Oak
Insurance Company 1955 (4) 344 (D) and Hughes 1955 (2)SA 176 (T) ;

D PREPARATION AND HANDLING OF MVA CLAIMS

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After this session the student should be able to:

1. To indicate why the first consultation is so important, with
reference to which information will be required from your client.

2. to identify ,with regards to a set of given facts ,whether a client

has acclaim or not
(Investigation into the merits) .

3. To be able to draft a letter to the police to obtain a plan and

report,, as well
as certain other relevant information such as details if any
(pending) criminal proceedings.

4. To explain the procedure to be followed to lodging a valid claim.

5. With regard to a given set of facts, draft a letter to a specialist, for

purposes of obtaining a medico-legal report, such letter containing
all the relevant information regarding the client.

6. With regard to a given set of facts , indicate which documents

should accompany the MMF-1 form, to insure a valid claim is
lodged

7. To distinguish between the following:

1) Provincial hospital expenses
2) Private hospital expenses
3) Medical expenses
4) Post medical expenses
5) future medical expenses
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6) Loss of
income (past and future) 7)
General damages
8) Funeral expenses (which expenses can be recovered under
this heading

FIRST CONSULTATION AND THE TAKING OF INSTRUCTIONS

1. Importance thereof – The Legal Practitioner should obtain sufficient information to

investigate whether there is a claim:

2. First and foremost identify the claimant. Get Identification from client and
ascertain that it is the right person to claim. Determine whether claimant is
claiming in personal capacity or on behalf of someone else and the legal ground
upon which that person is claiming on behalf of someone else.

3. Obtain a statement on surrounding the accident from client. For the completion of
the statement take into consideration that this has to be in Affidavit form. Since it is
given under oath bear in mind that this document constitutes evidence in a court of
law. This statement is very important and should contain all details to surrounding
the accident. It is also useful to give a full description of the injuries sustained and
other facts such as whether or not the claimant was wearing a seatbelt or not. If the
person claiming was not at the scene of the accident a statement must still be
prepared stating that the claimant does not have any knowledge of the accident (eg.
in cases where the widow is the claimant).

4. Ascertain whether matter has been reported to the police and what the Police
Accident Report Number is. From this document one would be able to see if there
are any witnesses and what the report was to the police as to the cause of the
accident. This should not be taken as conclusive proof of negligence since it must
be remembered that the police normally arrive at the accident scene after the
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accident took place. The report contains other important information eg. name,
address and telephone number of drivers; time of accident, condition of the road
etc.;

5. Ascertain nature and extent of injuries suffered and the treatment received. Take
into consideration that time is an important consideration when noting injuries. The
exact nature and extent of the injuries may not be apparent immediately after the
accident and further complications may arise (especially head and spinal injuries);

6. Consider appointing medico legal specialist examiners. The cost factor hereof must
be considered. The fund may be approached directly to arrange such appointments
in order to minimize the expenses incurred by the client. The Fund would only
consider such a report if they are liable to pay compensation;

7. Obtain medical and hospital accounts. Ascertain whether a Medical Aid Scheme
made payments and if they have an interest to recover payments made.

8. Obtain Authority to obtain Medical Records from Hospital and Doctors for the
Legal Practitioner as well as an Authority to Allow the Fund to inspect Medical
Records. It is important to examine the medical history of the claimant to check
whether the injuries were caused by the accident and not by pre-existing ailments.

9. Complete Employers Certificate or proof of employment. Remember that all

income must be reflected for at least 12 months prior to the accident and overtime
must also be taken into account. If the claimant is a businessman/woman then it
would be prudent to obtain audited statements reflecting income. In order to avoid
possible fraudulent claims it would also be prudent to check certificates of
statements with employer to confirm the authenticity thereof.

10. Ascertain whether claimant injured in the course of his employment;

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11. complete MMF 1 claim form to the extend that it is possible with the information at
hand. (See Section 12 (1) (b) of Act 30 of 1990; Section 13 (1) Section 5 of the
Motor Vehicle Accidents Fund Regulation (No 208 of 2001);

12. Completion of the Medical Report. The client should preferably personally attend
on the doctor that treated him after the accident since this would also refresh the
memory of the doctor. The Act and Regulations make provision for the completion
of these forms. Students are referred to it to ensure that the client is properly advise
on the completion of the Medical Report.

13. Sign power of attorney

14. Obtain cover for disbursements (eg. For Police Accident Reports & sketch, Hospital
Records, copy of witnesses statements. It is advisable to discuss your costs with
client during the first consultation and to this end an agreement may be entered into
between Legal Practitioner and client. Ensue that the client understand the
document.

15. The period for preparing and lodging of the claim depends on the input of the Legal
Practitioner. Once a claim is lodged the Fund can within 60 days advise whether a
valid claim has been lodged. Provision is made for Summons to be issued within
120 days after the claim has been lodged. Once litigation is instituted this may take
over one year to be finalized. The client must be advised of the duration that it may
take to settle and/or to litigate claims. The Legal Practitioner should complete
his/her part as soon as possible but does not have control over how long the Fund
would take to settle claims or how speedily court dates may be obtained. The client
should however not be made promises that cannot be kept in terms of speedy
finalization of claims.
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PRELIMINARY MATTERS

Information from police

1. Send a letter to the police requesting:

a) police plan and report

b) Names and addresses of all witnesses who gave statements;
c) Details of criminal prosecution;
d) Confirmation that the docket will not be destroyed, pending determination
of the civil claim
NB Make sure that documentation received from the Police are duly certified
copies to avoid fraudulent claims.

Medical Information
Completion of MMF 1 Statutory medical Report

This form could be completed by

(a) the medical practitioner who treated the injured person or the
deceased for injuries which gave rise to the claim or;
(b) the superintendent or a representative of the medical superintendent
or a person in charge of the hospital or health facility where the
injured or deceased person was treated or;
(c) if the above fails complete the report within a reasonable time and it
appears that the claim may become prescribed by a medical
practitioner who acquainted himself or herself with the cause of he
death or injuries. (See Section 12 (2) of Act 30 of 1990 and Section
Regulation 2 of 2001 also see notes on First Consultation).
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The information must be checked against hospital Records that may also be obtained
from the Superintendent at a fee. An Authority or Power of Attorney must
accompany this request.

Information to specialist in regard to medico-legal examination;

Documents for submission to specialist ;
 Previous medical report
 Other medical/medico legal reports
 Radiological reports
 hospital bed letters etc;

The Medico-Legal Report should contain the following:

 Detail nature, extend and type of each and every injury suffered;
 Detail nature and duration of all treatment
 Detail duration of hospitalization
 Detail any complications
 Detail effects of treatment
 Detail indication of temporary/permanent disablement
 Detail earning capacity and whether same is likely to be affected;
 Detail amenities of life enjoyed prior to injuries and the duration, if not
permanent, of a claimant’s inability to so enjoy such amenities post a accident;
 Detail nature, duration, cost and anticipated date of future medical treatment
and the percentage chance the same will occur;
 Detail period off work for such future medical treatment
 Detail affect on earning capacity
 Detail nature and severity of pain and suffering

Certificate from employer regarding future loss of earnings:

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 Describe nature of employment

 Duration of employment
 Salary for 12 months preceding the accident
 Current monthly salary
 Number of days off work as a result of injuries
 Was such salary paid whilst claimant recuperating and if so, whether
in terms of a contract of service, or gratuitously;

See Dippenar v Shield 1979 (2) 904 (A) and Serumela v S A Eagle 1981
(1) 391 (T) and Krugell v Shield 1982 (4) 956 (T) For loss of earning capacity for
farming joint venture see Francina Elizabeth Ghyoot v MMF (SCA) case 458/95
unreported – See archives of derebus on www.derebus.org.za)

Medical and Hospital Accounts

 Obtain all vouchers
 Prepare schedule and scrutinize accounts carefully
 Request for deferment of payment if necessary;
 Ascertain whether a medical Aid scheme paid for medical expenses;

Workmen’s Compensation and other benefits

Did the accident occur during the course and scope of claimant’s employment and if
so were any claims lodged with workmens’s compensation or Social Security
 If compensation under CA applicable obtain details of the commissioners
claim number
 Request Compensation Commission (CC) furnish details of all awards made to
claimant
 Ascertain from CC whether award final or pending;
 Position of employer individually liable;
 Obtain CC’s consent in terms WCA
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 Obtain Social Security Number

 Obtain information whether any benefits were paid out by Social Security

For a discussion on collateral benefits rule see Free State Consolidated Gold Mines
(Oprations) Ltd t/a The Ernest Oppenheimer Hospital v MMF 1997 (4) 930 (O)

Inheritance

Get name and address of executor/executrix in the case of a claim for Loss of
Support. Obtain copy of Death Certificate and Letters of Executorship. Keep in
mind the laws of Intestate Succession and all other relevant legislation regarding
estates. Also obtain copy of Liquidation and Distribution Account if available.

Demand to Fund for information

 See Section 9 (3) of Act 30 of 1990 and Secion 12 (3) of Act 4 of 2001. This
information may be useful for litigation of a claim.
 See official form to be completed by persons required to give the fund
information in terms of the above-mentioned sections;

The attorneys file;

 At the outset make a clear note on the file of the date of the accident and the
date on which the claim prescribe. Statistics of all MVA files should be kept
and regularly checked for prescription. After the claim has been lodged the
file should be updated to reflect the date before which Summons must be
issued.
 Sub-divide file into correspondence, merits, medical reports, accounts
MMF1 forms, Pleadings and annexures
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After receipt of police plan and report;

 Consider and clarify any problems;

 Visit scene with client and witnesses
 Photographs of scene
 Sketch of scene
 Witnesses and Experts
 See all witnesses as soon as possible;
 Minute signed statements;
 Obtain expert reports as early as possible
 Obtain and pursue criminal records and court records
 Obtain and pursue inquest record, if applicable

PREPARATION AND LODGEMENT OF CLAIM DOCUMENTS

 Complete and check MVAF1. Take care that the amounts claimed are
discussed with client;
 Ensure following annexures annexed;
 Check that the MVAF1 statutory medical report has been duly completed
 Prepare schedule calculating
(a) past provincial hospital expenses
(b) past medical expenses and vouchers
(c) loss of earnings
(d) future medical expenses, describing nature, cost and percentage
possibility of expenses being incurred
 Sort out vouchers in support of medical expenses, annex certificate in proof
of earnings and Medico-Legal report in support of Future Medical Costs
 Attach
(a) All medico-legal reports;
(b) Post-mortem report if applicable;
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(c) Actuarial report

(d) Police plan and report
(e) Marriage and birth certificates;
 Separate Claim Form if more than one dependant claiming loss of support
claim
 Affidavit by claimant giving full details of merits;
 Copies of statements and documents
 Such particulars of accident as are required by the Fund if requested

NB. remember only substantial compliance is required but no compliance is not

substantial compliance

See Zwane 1965 (4) 492 (w) Doctor not obliged to complete medical statutory form -
see Lotering 1971 (3) 270 (T)
Courts view ; Requirement of substantial compliance - directory – not peremptory –
see Rondalia 1966 (2) 245 (A), Kruger 1976 (2) 504 (T), Gokanga 1980 (1) 858 and
Nkisimane 1978 (2) 43 (A);
Also see SA Eagle Insurance Company Ltd v Lynne Pretorius (1998) 1 All SA 131
(SCA)

How to file an MVAF1 document;

 Delivery by registered post

 Delivery by hand
 Ensure acknowledgement of receipt in writing

General provisions

 Premature service of summons – must give agent /MMF 120days from

the time that the claim is lodged to the time that summons is served, MMF in
terms of regulations
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 Calculation of 120 day/90 day period by way of civilian method see SA Mutual
Fire 1970 (1) 302 (A) and Thomas 1968 (4) 141 (C);

 Premature service of summons does not interrupt prescription

 Court may take into consideration written offer in settlement of claim made by
agent before summons served;

 Successful plaintiff entitled to recover full party and party costs, either as taxed
or agreed – whether pre or post summons – article 41

 Claimant entitled to emend quantum of damages at any time before or after

service of summons

 Nothing precludes claimant from tendering evidence at a trail in respect of

injuries sustained by him which do not accord with statutory medical report

 Plaintiff may amend particulars of claim by deleting reliance on one of the

categories of passengers listed and substitute therefore reliance on different
category under the same section

 Settlement negotiations with the carefully prepared in terms of merits and

quantum and offers by the Fund should be discussed with the client before
accepting or declining it.

In Conclusion
Personal injury and or claims for loss of support are to be handled with great care
since this involves sensitive and life changing issues for clients.
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