oa De Rebus - Editors page
|Article Title||Editors page|
|© Publisher:||Law Society of South Africa|
|Publication Date||May 1971|
|Pages||175 - 176|
|Keyword(s)||Period within which an action must be instituted and Prescription of actions|
Mention the words ""prescription of actions"" to an attorney and his blood runs cold. Although everybody agrees that some limit must be placed on the period within which an action must be instituted, it still remains an attorney's nightmare. Claims arising out of personal injury in motor vehicle accidents are particularly troublesome. The attorney has a million things to do before he is in a position to institute action. Very often the claimant consults him at the eleventh hour. He his to investigate the accident which caused the injury, trace witnesses and obtain statements from them, arrange for specialist medical examination and reports and often obtain counsel's opinion as well. He is dependant upon the co-operation of many people, including medical practitioners. Unfortunately it is a fact that this co-operation is sometimes given very tardily or even refused, making it impossible for the attorney to prepare his claim in time.
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