Compensation for loss of illegal earnings

illegal-earnings

We are often confronted with clients who have been seriously injured in a motor vehicle accident and as a result have lost earnings and/or will continue to do so in the future. We work together with experienced actuaries to determine the loss as accurately as possible and ensure that our clients are justifiably compensated.

This sounds rather simple, and often can be if a client is employed by an institution or corporation, receiving monthly payslips as well as paying tax via PAYE. What happens with the self-employed person who more often than not is paid “cash in hand” and fails to declare such earnings to the South African Revenue Services? The position was recently cleared up in Heese NO v Road Accident Fund 2014 (1) SA 357 (WCC):

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8.5 million for medical negligence at birth

birth

27 years ago a hospital neglected to give a young mother the reasonable care she deserved whilst giving birth. The baby was born with severe cerebral palsy and the child and family were left without any financial assistance. When the father requested financial assistance for care at a home for his child, he was informed that this was seen as a boarding house expense and that they were not willing to help in any way.

The parents had no financial means to instruct an attorney and when they consulted Simpsons Attorneys we indicated that we are willing to investigate the matter on a no-success no-fee basis.

The first step was to obtain a merit trial to establish the merits of the case in terms of the law and the facts of the case. The defendants were willing to concede to the merits of the case. Preparation for the quantum trial, which deals with the remuneration of damages, began but the defendants were never “trial ready”. This forced us to interact with the deputy judge president in an attempt to force the defendants to prepare for trial and to demand a trial date.

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