Personal Injury Claims

Personal Injury Claims

Adams & Adams personal injury legal services assists clients who were injured, wronged or experienced damage at the hands of another in respect of their person, property, rights or reputation.

Personal injury law refers to a set of legal processes involved in civil cases arising as result of wrongful or negligent conduct on the part of a third party. These legal services are vital for those who present claims which assert that they have been injured – physically, psychologically, in terms of rights and reputation or in terms of property – as a result of the negligence of another person, company, government agency or any entity otherwise.

Adams and Adams​’ expert personal injury legal services include counsel, the processing of claims and handling of matters related to personal injury cases, motor vehicle and road accident claims, medical malpractice claims, medical negligence claims, slip and fall claims, Metrorail or train accident claims, aviation accident claims, dog bite and animal attack claims, product liability claims, lift and gate or door malfunction claims, police assault claims, and wrongful arrest and detention claims.

If you require professional assistance from our dedicated team of personal injury lawyers and attorneys, you can ​contact us​ now.

Adams & Adams personal injury attorneys are able to assist with the following matters:

Road Accident Claims

A road accident or third party claim is a claim for compensation resulting from personal injury (such as whiplash) to or the death of a person, like the death of a breadwinner, in a motor vehicle accident. Such a claim will be made to the ​Road Accident Fund (RAF)​, which is a statutory body.

A road accident claim only relates to bodily injuries, not a claim for damage to a motor vehicle or other assets.

The following persons will be entitled to claim:

  • A person who was personally injured including a claimant under the age of 18 years, provided he is assisted by a parent or legal guardian or court appointed curator ​ad litem. This excludes a driver whose negligence was the sole cause of the accident.
  • A dependant (spouse or child) of a deceased victim.
  • A representative of the estate of a deceased or a close relation in respect of funeral
    expenses.

Adams & Adams is able to assist with all aspects of ​RAF claims​ throughout South Africa.

Transportation Injury Claims

As with road accident procedures listed above, our experienced team of legal experts is able to assist, investigate and litigate in matters of transport accidents which relate to bodily injuries incurred while making use of public transport or facilities operated by public transport providers.

Our expert attorneys are able to assist you in respect of:

  • Metrorail or other train accident claims
  • PRASA train accident claims
  • Fall or push claims against public transport providers
  • Aviation accident claims

Medical Claims

Our team of professionals are in an excellent position to investigate and litigate all aspects pertaining to personal injury arising from medical malpractice matters. We will achieve the best possible result by leaving no stone unturned during the investigatory process.

Over the years, we have built professional relationships with a panel of highly respected and experienced specialist medical practitioners in both general and highly specialised fields of medical practice in order to assist us in legal claims and lawsuits for:

  • Medical malpractice
  • Medical negligence
  • Wrongful death
  • Hospital or care facility negligence
  • Birth injury or wrongful birth
  • Doctor, nurse, anesthetist or physician malpractice and negligence

Claims Against the Police

South Africa’s law and constitution places the rights of its citizens above all else. The ​South African Police Service (SAPS) and any other law enforcement agencies such as the Hawks, NPA, etc are implored to uphold and respect such rights.
In cases where unlawful and wrongful arrest or detention results in injury to the self, assets or reputation, our ​experienced litigation attorneys​ are able to assist you in respect of:

  • Police assault claims
  • Wrongful arrest or detention claims
  • Damage claims
  • Malicious Prosecution
  • Medical and hospital expenses or loss of earnings as a result of law enforcement actions
  • Pain and suffering damages

Animal Injury Claims

Bodily injuries or loss as a result of attacks by domestic animals is unfortunate, and claims can be affected against animal owners for medical or financial expenses incurred.

Our team of legal professionals​ are in an excellent position to investigate and litigate all aspects pertaining to personal injuries or loss that occur as a result of:

  • Dog bite attacks
  • Animal attacks

Public Injury Claims

Adams and Adams is in an excellent position to investigate and litigate all aspects pertaining to injuries or loss that occurs at public locations, shopping centres etc.

Over the years, we have built professional relationships with a panel of highly respected and experienced specialist medical practitioners in both general and highly specialised fields of medical practice in order to assist us in legal claims and lawsuits for serious injuries as a result of:

  • Slips and falls
  • Dangerous areas, slippery surfaces, inadequate lighting, disrepair, holes and cracks
  • Lift, gate and door malfunction
  • Poorly fitted and maintained equipment
  • Malfunctioning equipment

Consumer Protection Claims

The ​Consumer Protection Act (68 of 2008)​ (CPA) came into force on 31 March 2011. It has a significant effect on the supply of goods and services. In addition, where injuries or loss occurs as a result of faulty or defective products, our litigation attorneys are ready to assist you in respect of:

  • Product liability claims (within South Africa)
  • Defective products
  • Consequential damages

What Documents Do I Need When Making a Personal Injury Claim?

  • We generally require personal documentation across all claim categories. This documentation includes your CV, salary advice slips, medical aid details, qualifications, list of treating doctors (if possible), ID document, driver’s license, X-rays and MRIs where applicable.
  • In the case of road accidents, documentation pertaining to the collision incident. This includes and accident report (if possible) or alternatively your OAR number and the details of the police station you reported to, vehicle registration details, photographs of the scene, photographs of the damage to the vehicles, and witness details.
  • Background of events (sequence of events) in personal injury matters.

What Happens if the Claimant is a Minor?

If the person is a minor the injury claim is instituted by his parent or natural guardian if they have capacity on behalf of the minor child. If no parent or guardian is available, we will approach court to appoint a curator ad litem – a qualified advocate – to further assist the minor with the injury claim and throughout the litigation process.

How Does Payment for a Personal Injury Claim Work?

We sign a Power of Attorney (POA) agreement and charge according to the rates and tariffs as contained in that documentation. We do not act on contingency but rather limit our Attorney & Client fee portion to a maximum of 10 – 15% (plus vat) of the value of the injury claim.

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