Take action before it is too late
Ntobeko Jonas of NU3 writes:
MY mother was involved in a serious car accident in 1989 which put her in a coma in hospital for months.
My family tried to pursue the matter but without success with the lawyers. I don't know the reasons why the case was not taken forward. Our family members sometimes don't understand all this legal jargon because they are illiterate or semi-literate.
After enquiries at the Road Accident Fund , I was told there was no payment made against my mother's name and the case was too old – therefore closed.
The files from the lawyers are nowhere to be found. I think the lawyers lost interest in the case .
The worst part of it, is that my mother is sick , she lost her job and we have to take care of her on our own.
We are also looking for recourse in order for us to find closure in this matter. Where must we start?
Eastern Cape, Legal Aid Regional Communications Practitioner, Dave McGlew replies:
In civil matters such as these, it is very important to make sure that there is a reasonable chance of success before starting proceedings because they can be very costly.
Generally this means having a comprehensive record of all the details of the case, documentation to back up claims, and taking action within appropriate time frames.
It is unfortunate that the matter was not pursued nearer to the time as, in view of time delay and the fact that the reader says there are no files or documentation available, it seems highly unlikely that a satisfactory outcome could be achieved by pursuing the matter legally.
If a person was not satisfied with the service of a lawyer a complaint could have been made to the Law Society, but again comprehensive details and documentation would have to have been submitted before any action could take place.
Probably the best option would be to contact SASSA and to investigate whether the person concerned qualifies for and, if so, is receiving the necessary disability grants or pension.