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Medico-legal assessments in RAF claims: a guide for attorneys

Road accidents often leave more than physical injuries. Head injuries, trauma, depression, and anxiety can affect a claimant’s work, relationships, and daily life for years. A psychological or neuropsychological medico-legal assessment gives the court and the Road Accident Fund (RAF) an independent, evidence-based account of that impact.

This guide explains what the assessment covers, what to send, and how the process works.

When to instruct a psychologist

Consider an assessment when the claimant has:

  • a head injury, including a concussion or loss of consciousness
  • changes in memory, concentration, or behaviour since the accident
  • symptoms of post-traumatic stress, depression, or anxiety
  • difficulty returning to work or study

Under the Road Accident Fund Act 56 of 1996 and the RAF Regulations, 2008, a claim for general damages requires a serious injury assessment, reported on the RAF 4 form. A psychological report can support the narrative test for a severe long-term mental or behavioural disturbance or disorder. The Road Accident Fund publishes the current forms.

What the assessment covers

A clinical psychology assessment looks at emotional and psychological functioning before and after the accident. A neuropsychological assessment adds structured testing of thinking skills, such as:

  • attention and concentration
  • memory and learning
  • planning and problem-solving
  • speed of thinking

The report sets out findings, the likely link to the accident, prognosis, and treatment recommendations, with costs where relevant.

What to send

Send the letter of instruction with collateral documents. These usually include:

  • hospital and clinical records
  • other expert reports already available
  • school or employment records
  • the accident report

Complete collateral improves the accuracy of the report and reduces delays.

Our process

  1. Instruction: you send the letter of instruction and documents.
  2. Review: we review the collateral.
  3. Interview: a full clinical interview with the claimant, in English, isiZulu, or siSwati where needed.
  4. Testing: suitable psychometric tests, chosen for the claimant’s language, education, and background.
  5. Report: a structured written report within two weeks.

Culturally fair testing matters in South Africa. Many tests were developed on populations that differ from the claimant’s. Mariel interprets results with this in mind, which strengthens the report under cross-examination.

Independence

The expert’s duty is to the court. We act for plaintiff and defendant teams and keep the same standards for both. Expert notices and summaries must follow Rule 36(9) of the Uniform Rules of Court.

Fees

  • Neuropsychological assessment and report: R14,000
  • Clinical psychology assessment and report: R14,000
  • Industrial psychology, educational psychology, or occupational therapy assessment and report: R13,000

Instruct us

Email the letter of instruction to marielkabelom@yahoo.com, or see Medico-legal for more detail.

This article is general information for attorneys and is not legal advice.

This article is general information, not advice for your situation. If you would like to talk it through, get in touch. If you need help now, see urgent help.

Dikarabelo Mental Health Services

Mariel Kabelo Mokoena, Clinical Psychologist
HPCSA registration PS0128716
BHF practice number 0641898
Member of SAMLA, SACNA and PsySSA

Sessions in person or online, across South Africa and abroad.

Contact

Office B28, 79 Crompton Street
Pinetown, 3610
Tel: 031 701 1797
WhatsApp: 071 866 9731
Email: marielkabelom@yahoo.com
Monday to Friday, 08:00 to 16:00

© Dikarabelo Mental Health Services. This website is not an emergency service.