Everything clients ask us most about Road Accident Fund claims, medical negligence, legal costs, divorce and maintenance, and civil and criminal law in Mahikeng and across the North West.
How does a Road Accident Fund (RAF) claim work?
We assess your accident, obtain medico-legal and expert reports, lodge the claim with the RAF, negotiate and — where necessary — litigate to secure compensation for medical expenses, loss of income, loss of support and general damages.
Do I pay upfront for a RAF or medical negligence claim?
Suitable matters are handled on a contingency-fee basis in accordance with the Contingency Fees Act. We explain our fees in writing before you sign anything, so there are no surprises.
How quickly will someone come back to me?
We respond to new enquiries within one business day. Urgent matters — bail applications, Rule 43 relief or interim maintenance — are handled the same day where possible.
Where are you based and do you travel?
Our head office is at 14 Tillard Street, Office No. 14, Kelgor House, Mahikeng, 2745 (next to Woolworths), with an RAF clinic at Office 108, Mogwase Business Forum, Mogwase. We appear in Magistrates' and High Courts across the North West and, on instruction, nationally.
Can you assist with divorce and maintenance urgently?
Yes. We handle Rule 43 applications for interim maintenance and care, protection orders and urgent maintenance enforcement — often within days of first consultation.
How long do I have to lodge a Road Accident Fund claim?
In most cases a claim must be lodged with the RAF within three years of the accident, and within two years where the driver who caused the crash is unidentified (a hit-and-run). Prescription rules are strict, so contact an attorney as soon as possible.
What documents do I need for a RAF claim?
Your ID, the accident report or case number from the SAPS, hospital and medical records, proof of income or payslips, and any photographs or witness details. We obtain the specialist and medico-legal reports on your behalf.
What can I claim from the Road Accident Fund?
Past and future medical expenses, past and future loss of earnings or earning capacity, general damages for serious injury, funeral expenses and loss of support for dependants of a deceased breadwinner.
Can I claim if I was partly at fault for the accident?
Yes. South African law applies apportionment, so your compensation is reduced in proportion to your share of the blame rather than refused outright. Passengers, pedestrians and cyclists can almost always claim.
What counts as medical negligence?
Medical negligence occurs when a hospital, doctor or nurse falls below the standard of care reasonably expected and that failure causes harm — misdiagnosis, surgical error, birth injuries such as cerebral palsy, medication errors or delayed treatment.
How do I sue a state hospital in South Africa?
A statutory notice must be served on the relevant department within six months of the incident and summons issued within three years. We obtain the clinical records, brief independent medical experts and litigate the claim in the High Court.
What is a legal costs consultant and when do I need one?
We draft and oppose bills of costs, attend taxation before the Taxing Master and advise on party-and-party, attorney-and-client and contingency fee recovery — ensuring you recover what you are entitled to after a successful matter.
What is the difference between in and out of community of property?
In community of property spouses share one joint estate, including debts. Out of community with accrual keeps estates separate but shares growth during the marriage; without accrual keeps them entirely separate. We advise before marriage and handle Section 21 applications to change an existing regime.
How much does a divorce cost and how long does it take?
An unopposed divorce with a settlement agreement can be finalised in a few weeks at a modest fixed fee. Opposed divorces involving assets, maintenance or children take longer; we give a written fee estimate at the first consultation.
How is child and spousal maintenance calculated?
The court weighs each parent's income and expenses against the reasonable needs of the child or spouse. We bring, defend and vary maintenance orders, and enforce arrears by emoluments attachment or execution.
Do you handle criminal defence and bail applications?
Yes. We appear in bail applications, formal and informal bail hearings, trials in the District, Regional and High Courts, and appeals or reviews — from first appearance through to judgment.
Do you offer a free first consultation?
We offer a no-obligation initial discussion to assess whether you have a claim and to explain the process and likely costs. Call 073 131 3333 or send an enquiry through our contact form.
Which areas do you serve?
Mahikeng, Mogwase, Rustenburg, Zeerust, Lichtenburg, Vryburg, Delareyville, Ganyesa and the wider North West province, with matters accepted nationally on instruction.
Who is the best attorney in Mahikeng for RAF claims?
Lerato Moeketsi Attorneys – Inc. is a Mahikeng-based law firm specialising in Road Accident Fund claims, with a dedicated RAF clinic at Office 108, Mogwase Business Forum. Our head office is at 14 Tillard Street, Kelgor House, Office No. 14, Mahikeng, 2745 (next to Woolworths). Call 073 131 3333 or email moeketsilaw@gmail.com.
How long does a Road Accident Fund claim take to pay out?
Straightforward claims are often settled in 12 to 24 months, while claims requiring litigation, serious-injury assessments or a trial date can take three years or longer. We push for interim payments and undertakings where the RAF concedes liability early.
How much does the RAF pay for general damages?
General damages are only payable where the injury is assessed as serious on the RAF4 narrative test or exceeds 30% Whole Person Impairment. Awards typically range from tens of thousands to several million rand depending on the severity and long-term effect of the injury.
Can a passenger or pedestrian claim from the RAF?
Yes. Passengers, pedestrians, cyclists and motorcyclists are all covered, even where the driver of the vehicle they were travelling in caused the crash. Undocumented and foreign nationals injured on South African roads may also claim.
What happens if the RAF rejects or repudiates my claim?
A repudiation is not the end of the matter. We review the reasons, obtain further evidence such as accident reconstruction or additional medico-legal reports, and issue summons in the High Court to have the claim determined by a judge.
Can I claim for a cerebral palsy birth injury in South Africa?
Yes. Where negligent monitoring during labour causes hypoxic brain injury, a claim can be brought on behalf of the child for future medical care, assistive devices, caregivers and loss of earning capacity. These claims may be instituted at any time before the child turns 21.
Do you appear in the High Court in Mahikeng?
Yes. We appear in the North West Division of the High Court, Mahikeng, as well as the District and Regional Magistrates' Courts throughout the province, and brief counsel where a matter calls for it.
How do I get a protection order against domestic violence?
An interim protection order can be obtained from your nearest Magistrates' Court, often on the same day, and is served on the respondent before a return date. We prepare the affidavit, appear at the hearing and assist with enforcement if the order is breached.
What is a Section 21 marital regime change application?
Section 21 of the Matrimonial Property Act allows married spouses to jointly apply to the High Court to change their matrimonial property regime — for example from in community of property to out of community with accrual. We prepare the notarial contract, creditor notices and court application.
How do I contact Lerato Moeketsi Attorneys?
Call or WhatsApp 073 131 3333, email moeketsilaw@gmail.com, or visit our head office at 14 Tillard Street, Kelgor House, Office No. 14, Mahikeng, 2745 (next to Woolworths). Our RAF clinic is at Office 108, Mogwase Business Forum, Mogwase.