When a woman’s husband dies in a car crash, and she claims from the Road Accident Fund (RAF) for loss of support, she is usually in for a big shock. Most people have no idea that in such a case her claim will be subject to a "contingency" deduction that will reduce her payout, sometimes significantly. And on top of that the courts might also approve an additional "remarriage" contingency, reducing the agreed amount still further, depending on how likely the judge believes it is that she will marry again. Attorney Jacqui Sohn, who chairs the Law Society of SA’s personal injury law committee, agrees that to many people such deductions will seem punitive and even chauvinistic. However, the courts must ensure that the outcome of a claim is fair to both sides. In RAF claims, for example, the fund’s money comes from the taxpayer and has to be fairly and properly administered so that it can help as many people as possible. But there is another element to this equation that has now caught t...
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