Dealing with people not cases

We help you to recover and rebuild your life

About Us

We combine years of specialised legal experience with focused personal attention to each case. Although we have a good track record in representing victims of negligence, we provide the full spectrum of legal services. We are defined by our intentional decision to limit the number of cases we accept, enabling us to give our undivided attention to each case.

We believe that adequate preparation for the courtroom lies in the detail. From our first engagement, we meticulously gather all facts pertinent to your case. This is combined with our intensive knowledge of applicable law. We also consult our trusted partners to give a clear picture of the case, working closely with doctors and other relevant professionals. This means that we go in prepared and give our clients the best opportunity to present their case to a jury.

Every case is different. Some are tried to verdict and others are settled before. We have a track record of obtaining substantial settlements prior to trial. This is as a result of our meticulous investigation and preparation of every case.

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Our Team

Werner Boshoff

Werner acquired his B.Com Law degree from the Univeristy of Pretoria in 2005 and his LLB from the University of Pretoria in 2007. He articled at V Rea and Ass during 2007-2008. He was admitted as an attorney in 2008. Werner accepted a position as an attorney at CP Van Zyl Inc in January 2010 until December 2014. During his time at CP Van Zyl Inc he specialised in Medical Negligence, Bedsores, Birth Injury Claims, Public Liability Claims, Road Accident Fund Claims, Sciatic Nerve Damage Claims, Product Liability Claims.

Werner founded Werner Boshoff Attorneys on 1 January 2015 where he is currently practicing specializing in the following Medical Malpractice, Road Accident Fund Claims, Disability Insurance Claims and Public Liability Claims.

Pierre Dreyer

Pierre completed his studies in 2008 at the University of Pretoria.  He served his articles at Snyman de Jager and was appointed as an Attorney of the High Court of South Africa in 2010.  In the same year he was appointed Professional Assistant at Snyman de Jager and in 2012 he was appointed as Director.  Pierre specializes in civil litigation in the High Court, magistrates' courts, and the Land Claims Court.  His main areas of specialization are Family Law, land claims, medical negligence and Labour Law.

Approach

A Specialist Approach

We are specialists in a wide range of legal disciplines, from public liability and disability insurance claims to medical malpractice cases. Regardless of the nature of your case, we will approach it with a focus on excellence, attention to detail and a personal interest in your case's outcome.

One of our fields of specialty includes Medical malpractice that requires specialist knowledge of legal principles and rules of procedure. These are often different to other areas of legal practice. A medical malpractice case is therefore not for any lawyer, but an attorney with the expertise and experience to advise whether or not you have a case and how to move forward.

If you believe that you have a medical malpractice case that could result in compensation, Werner Boshoff Attorneys should be your first call. We will arrange an initial consultation with you and listen to the details of your case at no cost to you.

A Personal Philosophy

We are committed to understanding the wider context of our clients' health. We develop a personal relationship with our clients and take a vested interest in your claim and its impact on your wellbeing. From the first consultation, we listen to you, gaining an understanding of your underlying health concerns, priorities and goals. This allows us to form educated conclusions and devise constructive strategies to serve you.
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Services

Medical Malpractice
When a medical professional treats you, they have a responsibility to exercise reasonable skill and care. If they have been proven to neglect this responsibility, they will be liable for the consequences. This doesn't necessarily mean they can be held liable for any decline in your health, but rather that they must have done all in their skill and power to assist you. Medical negligence is defined by any medical mistake made by a doctor, nurse, hospital, or other medical professional that leads to wrongful personal injury or death.

Grounds to claim:

The following situations can be considered for a possible medical malpractice claim:
  • When the medical practitioner does not use a new but widely acknowledged method of treatment with resultant prejudice to the patient.
  • When a medical practitioner knowingly performs surgery or begins a treatment without the experience or expertise required to do so.
  • When an incorrect or misdiagnosis of a condition leads to the patient's health being compromised.
  • When a delayed diagnosis or treatment leads to prejudice to the patient.
  • When the medical practitioner fails to provide sufficient warning of the risks associated with a medical procedure or treatment.
  • When a medical practitioner fails to notify the patient of alternative treatments or procedures.
  • When the medical practitioner performs the procedure in a manner that is not clinically sound.
Road Accident Fund Claim
If you have been injured as a result of a motor vehicle accident, you may have a case for compensation from the Road Accident Fund. The Road Accident Fund (RAF) provides appropriate cover to all road users within South Africa. If you or a family member suffers injury or death as a result of a motor vehicle accident while on a South Africa road, you could qualify for rehabilitation or compensation. The Road Accident Fund provides personal insurance cover to accident victims or their families and indemnity cover to wrongdoers, which protects them from financial ruin.

Grounds to claim:

If you fall within the following categories, you may have grounds to claim from the RAF:
  • You were injured in a motor vehicle accident
  • You are a dependent of a deceased victim in a motor vehicle accident)
  • You were involved in a motor vehicle accident as a driver, passenger or a pedestrian
Please note, that if the claimant in under the age of 18 years, they must be assisted by a parent or legal guardian.
Disability Insurance Claim
Before entering any legal process for a disability claim, it is important to understand what you are covered for. This will ensure you avoid being disappointed while at your most vulnerable. An employee of a company can claim a disability benefit from the Permanent Disability Scheme if he / she becomes permanently and totally disabled prior to age 65, either as a result of sickness or injury, and he / she cannot do any job in the Metal Industries.

What to know before applying for disability insurance:

There are a few essential things to bear in mind before applying for disability insurance:
  • All procedures as determined by the Labour Relations Act must be carried out before receiving any benefits.
  • Disability insurance documents are long and complex, with specific rules and regulations that the insured and insurer must comply with. Make sure you are compliant will all stated regulations to avoid a claim denial or delay.
  • The Association for Savings & Investment South Africa (Asisa) states that, "benefits that only include medical definitions [for impairments] will not provide the comprehensive protection offered by benefits that include the medical definitions in combination with an occupational definition".
Public Liability Claims
Public Liability Claims refer to all accidents in which someone has suffered physical or psychological damage and wishes to request compensation for damage. Claims can also be made if a family's primary breadwinner has died owing to injuries sustained through the negligence of another person, a company or the state. It excludes all road accidents, as these are covered by the Road Accident Fund (RAF).

Grounds to claim:

If you have suffered the following, you have grounds for a Public Liability Claim:
  • You fell in a public place such as a supermarket, shopping centre, private home, business or government department/ building
  • You have cause to believe that the management or owner of the public place neglected their duty ensure that the public area was safe
  • Assault by the police or other state employees
  • Dog and animal bites

Compensation:

When you submit a Public Liability Claim, you can claim for the following compensation:
  • Past medical expenses relating to the incident
  • Potential medical expenses resulting from the incident
  • Loss of income owing to your inability to work or earn the same income prior to the accident
  • Potential future loss of income as a result of the accident
  • Lump sum coverage for pain, suffering and the loss of ability to perform sports or recreational activities
  • Loss of support from the family's primary breadwinner
  • Funeral expenses, if the accident resulted in death
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News

RSS The Legal community of South Africa

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