Burger Attorneys-01

Legal expertise in all areas of business and private life.​

About Burger & Associates

We are Competitive, Reassuring and Rigorous.

Burger Attorneys is based in Centurion and Menlo Park, Pretoria. We draw on our long-standing expertise, acting since 2004, at the centre of high profile and complex cases, to help you achieve the best possible outcome. We are here to protect your interests and advise you on your options and the implications for you or your business. 

We offer tailor-made, effective and practical solutions to solve any legal problem in a cost-effective manner. We strive to render a professional service at all times and specialise in diversification to suit every legal need. We also act as a team of experts in partnership with our clients, focusing on their unique needs to implement innovative solutions within the framework of their financial planning, exclusively for the promotion of their interests.



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Technology & Innovative Solutions

We also believe that it is important that our solutions make good business sense. For this reason we also offer various training, content management and implementation options, regardless of the industry or size of the business involved.

We also proud ourselves in cutting edge technology and a highly secure platform for sharing documents. We strive to give our client’s the best possible service, utilising technology to change and shape the law.

Professional And Experienced!

Why Choose Our Firm

One

Excellent Track Record.

We support individuals and businesses in resolving conflict, safeguarding their futures and maximising opportunities.

Two

Variety of Disciplines.

Our practice areas cover a variety of disciplines with an embedded culture of collaboration between them.

Three

Transparent Fees.

Our support is tailored to our clients’ needs and we are transparent and fair about how we work and what it will cost

Four

Client Satisfaction.

We act for clients in the most complex and challenging situations. Do you need a team that can see the bigger picture?

Committed To Helping Our Clients Succeed

Our Practice Areas

Administration of Deceased Estates

Contact us to prepare your will today, free of charge.

In the unfortunate event of a loved one passing away, the details of their estate needs to be processed properly to give your family peace of mind. The administration process ensures all the terms of his or her last will and testament (if there is one) are carried out correctly. The process itself is highly technical because each individual’s assets, family wishes and circumstances differ. Because of this, the estate administration process usually requires professional expertise.

Corporate & Commercial Law

Our commercial lawyers can support you with legal advice on all aspects contract law and running your business, including advising on the drafting and negotiation of the commercial contracts and safeguards that you will need to protect your business interests.

If you are grappling with an issue of particular complexity or significant risk for your business, get in touch. We will advise you on any technical considerations, give a solutions driven commercial view and carry out any drafting or negotiation which is required.

Compliance and Corporate Governance

Governance, Risk and Compliance, or GRC for short, refers to a company’s coordinated strategy for managing the broad issues of corporate governance, enterprise risk management (ERM) and corporate compliance with regard to regulatory requirements.

Personal Injury & Third Party Claims

A personal injury claim is a claim for damages, which a person has suffered as a result of injuries sustained in an accident or as a result of the death of his or her breadwinner in an accident. As a rule the accident must have been caused by the negligence of another person.

The most common personal injury claim is for damages suffered by a person, as a result of being injured in a motor vehicle accident or where a person’s breadwinner is killed in a motor vehicle accident (such as Road Accident Fund claims). Other examples of accidents, which may lead to a personal injury claim, are being bitten or injured by a dog and slipping and falling in a shopping centre, on business premises or in a public area.

We have a long history of dealing with Personal Injury claims. Our specialist lawyers in this department have extensive experience in dealing with personal injury claims. Our lawyers have excellent investigative skills, are extremely resourceful in locating the requisite evidence to establish claims and have conducted several investigations as part of the assessment of claims.

Our services include the following:

  • The assessment of liability of the wrongdoer in Personal Injury claims;
  • The quantification of the damages for which the wrongdoer is liable;
  • Conducting litigation on behalf of the injured party;
  • Advice on the investment of damages awarded.

WHAT DO YOU NEED TO INSTITUTE A CLAIM?

The process of bringing a successful claim for damages due to a personal injury or medical negligence, will typically take the following route:

  • You will contact us in order to arrange an initial consultation at no cost.
  • We will assess the relevant circumstances relating to your potential claim and advise you as to whether you have a reasonable prospect of success with a claim.
  • In certain circumstances we may refer you for assessment by medical experts to determine grounds for negligence and liability.
  • We will obtain a mandate from you to proceed with litigation against the negligent party and issue summons against the negligent party.
  • The negligent party may defend the legal action and a trial date will be allocated for a Court to adjudicate upon the matter.
  • You may be referred for further medical assessments by a number of medical experts in order to prove the amount of damages you are entitled to.
  • The process may be cut short at any stage, in the event that the negligent party chooses to make a settlement offer which is acceptable to you.

WHAT WILL IT COST YOU?

We carry the risk of proceeding with litigation. In the event that your claim is not successful we will not charge you any fees or disbursements. Should your claim be successful we will charge you according the fee agreement signed with you, prior to commencing with legal action. We will incur expenses (such as payment for expert reports) on your behalf and recover the cost thereof, together with interest, after successful finalisation of the matter. You will be able to recover some of your legal costs from the negligent party by way of party and party costs, which are awarded by the Court to a successful litigant.

Medical Negligence Claims

Medical malpractice is the term for any form of professional misconduct in the medical field, including a breach of confidentiality, negligent conduct and a breach of fiduciary doctor-patient relationships. We believe that a doctor must always maintain the highest standard of professional conduct towards both the individual and society. The law requires a medical professional to exercise reasonable skill and care when treating a patient. The failure to observe this standard will result in the professional being liable to their patient for damages.

The following circumstances could potentially give rise to a claim for medical negligence:

  • Failure to employ a recently developed, but widely acknowledged method of treatment, with resultant prejudice to the patient.
  • Knowingly performing surgery or embarking on treatment without the necessary knowledge or experience.
  • Incorrect diagnosis or misdiagnosis of a condition.
  • A delay in diagnosis or treatment leading to prejudice to the patient.
  • Failing to provide sufficient warning of the risks associated with a medical procedure or treatment.
  • Failing to inform the patient of alternative treatments or procedures.

The intersection of the fields of medicine and the law produces formidable challenges all of which we are well equipped to handle. We pride ourselves in providing our clients with expert knowledge and access to the best possible medical specialists for opinions. 

Currently we attend to claims arising from:

  • Birth asphyxia incidents which can result in children suffering from cerebral palsy
  • Mismanaged plastic surgery procedures
  • Incorrect diagnosis, treatment, procedures, drugs or retained surgical instruments
  • The use of defective instruments or equipment
  • Breach of the confidential doctor-patient relationship

WHAT DO YOU NEED TO INSTITUTE A CLAIM?

The process of bringing a successful claim for damages due to a personal injury or medical negligence, will typically take the following route:

  • You will contact us in order to arrange an initial consultation at no cost.
  • We will assess the relevant circumstances relating to your potential claim and advise you as to whether you have a reasonable prospect of success with a claim.
  • In certain circumstances we may refer you for assessment by medical experts to determine grounds for negligence and liability.
  • We will obtain a mandate from you to proceed with litigation against the negligent party and issue summons against the negligent party.
  • The negligent party may defend the legal action and a trial date will be allocated for a Court to adjudicate upon the matter.
  • You may be referred for further medical assessments by a number of medical experts in order to prove the amount of damages you are entitled to.
  • The process may be cut short at any stage, in the event that the negligent party chooses to make a settlement offer which is acceptable to you.

WHAT WILL IT COST YOU?

We carry the risk of proceeding with litigation. In the event that your claim is not successful we will not charge you any fees or disbursements. Should your claim be successful we will charge you according the fee agreement signed with you, prior to commencing with legal action. We will incur expenses (such as payment for expert reports) on your behalf and recover the cost thereof, together with interest, after successful finalisation of the matter. You will be able to recover some of your legal costs from the negligent party by way of party and party costs, which are awarded by the Court to a successful litigant.

Professional Liability Claims

Our Insurance Law department also assists clients in professional indemnity claims against professionals who, in their professional capacity, have caused clients harm, whether by allowing clients’ claims to prescribe, under settling clients’ claims or, in respect of lawyers, overcharging clients for fees.   We endeavour to resolve these disputes as quickly and inexpensive as possible in order to ensure that the matters are finalised in the best interests of our clients.

General Litigation

General Litigation is wide term associated with civil lawsuits in general, relating to a wide number of industries and matters.  We provide a comprehensive range of legal services and pay close attention to each client’s particular needs and financial constraints. 

For the general litigation lawyer, extensive knowledge and experience is everything, two aspects which our general litigation lawyers possess a lot of. Our general litigation lawyers are the ones you need in a fight and who will go with you into the trenches.

We can assist you with a wide range of disputes, including in respect of:

  • Consumer protection law
  • Commercial litigation
  • Debt collection and related matters
  • Personal injury matters resulting from amongst others slips, falls and assaults
  • Professional negligence matters by attorneys and other professionals
  • Other general litigation matters

Insurance Law & Fire Claims

We offer a full complement of legal services in the Insurance Industry.

Insurance Law deals with claims against persons and entities who are insured, and focuses, to a large extent, on claims relating to the liability of insured persons for harm or damage caused to others.  This can include instituting or defending actions in the Magistrates’, Regional and High Courts relating to, amongst others, loss of or damage to property, fires, slip and falls, assaults, motor vehicle collisions and related causes.

Our services include the following:

  • Advice on insurance legislation;
  • Litigation on policy liability or repudiated claims;
  • Fire claims litigation;
  • Loss of production litigation;
  • Advice on regulatory aspects and compliance with the applicable legislation;
  • Assessment of liability on policy;
  • Product liability claims;
  • Interpretation of policy wording;
  • Subrogated recoveries of damages and defences.

Family Law

Family law is a vast field that encompasses such matters as personal disputes, estates, and legacy protection. Contact us for practical and effective assistance that looks beyond purely legal considerations. We ensure that the resolution of matters is done in a balanced and sustainable manner to give real justice to all.

The Family Law services offered are the following:

  • Divorces
  • Divorce mediation and settlements
  • Co-habitation Agreement
  • Mutual Separation Agreements
  • Parenting Plans

Labour / Employment Law

Employment law involves the regulation of the employer/employee relationship and includes the drafting of employment contracts and disciplinary codes and/or policies; the conducting of grievance hearings, disciplinary hearings, dismissals and retrenchments; interactions with trade unions (collective bargaining); succession planning and day to day human resource management. It also includes the preparation and implementation of employment equity plans; skills development planning and submissions and occupational health and safety audits.

Alternative Dispute Resolution

Our services include mediation, negotiation, and arbitration. We are proactive in resolving disputes in the best interest of our clients, emphasising the need to be efficient and expedient in the chosen course of action. We are well-placed to offer clients outstanding legal advice and provide professional and efficient legal service, whether in a court room, arbitration, tribunal hearing or other dispute resolution forum.

Administrative Law

Administrative law is the branch of public law that regulates the activities of public and private bodies that exercise public powers or functions. It is primarily concerned with the daily business of government: the implementing of legislation and the exercise of delegated powers to take action. Administrative law permeates almost every facet of our legal system including public procurement, the provision of education and health services, transport, the protection of the environment and all forms of licensing. Our experienced consultants provide advice on, amongst other things: The Promotion of Administrative Justice Act (enacted to give effect to the constitutional right to just administrative action) and the regulations made under the Act; how to ensure that administrative decisions are taken lawfully, reasonably and procedurally fairly in order insulate them from judicial review; the relationship between labour law and administrative law; strategic advice etc.

Our services include the following:

  • Advisory opinions on the interpretation and application of the Public Finance Management Act, National Treasury Regulations and Treasury Guidelines and directives;
  • Advice on the interpretation of legislation and compliance in the Healthcare Industry;
  • Advisory services on governance within public entities and regulated entities such as Medical Schemes;
  • Advisory services on restructuring of public entities;
  • Commercial Litigation and Arbitration proceedings;
  • Litigation centred around the interpretation of legislation and the exercise of public power;
  • Advice on legislative drafting.

Building and Construction Disputes

This field of expertise involves advice on standard form contracts (including FIDIC, NEC, JBCC and standard forms recommended by the Built Environment professions); drafting of standard form qualifications and project specific contracts; and advice on applicable legislation, including the Construction Regulations 2003, the Built Environment professions legislation and regulations and the Construction Industry Development Board legislation and regulations.

Forensic Investigations

There has been a global shift towards the enforcement of anti-corruption legislation. This coupled with significant fines and penalties, highlights the need for specialised investigation legal services. We act for clients in investigations and proceedings by criminal and regulatory agencies. We generally instruct a forensic chartered accountant who plays an integral role in the investigation and acts as a specialist witness. This approach has proven extremely effective. Our expert witness is able to present the evidence in a way which diminishes the importance of other non-expert witnesses who are usually called only to corroborate testimony of others.

Our clients enjoy the protection of legal-professional privilege (while teams led by accountants or non-legal firms do not). Our reports, client advice and attorney-client correspondence are therefore protected against subpoena or forced disclosure to third parties.

We offer the following services:

  • Asset tracing, commercial recoveries and other proceedings
  • Forensic investigations and forensic investigative assistance
  • Criminal investigations and related proceedings
  • Financial, economic and tax investigations
  • Employment law related forensic issues
  • Public and private sector procurement issues
  • Expert witness services

Meet The Team

Anel Burger

Anel Burger studied at the North West University in Potchefstroom where she obtained her LLB degree in 2002 and LLM degree (specialising in labour law, cum laude dissertation) in 2003. After graduating, she joined Gildenhuys Malatji Inc as a Candidate Attorney and was admitted as Attorney in the High Court of South Africa in early 2005.

She progressed through the ranks to Associate in the General Litigation and Insurance Law Department. In mid 2008, Anel was head-hunted by Salome le Roux Attorneys. In early 2013 Ms Burger was again head hunted by the National Consumer Tribunal where she served on the Executive Committee as senior manager. She returned to private practice again in 2016.

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Get In Touch

For any enquiries, consultation requests or general questions, please contact us on the details below or complete the contact form.

Menlo Law Chambers
49 11th Street
Menlo Park
Pretoria

(012) 346 1512
086 433 7213
082 570 8967

anel@burgerattorneys.net
lianka@burgerattorneys.net