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We are experts in multiple types of personal injury claims. A personal injury refers to an incident where you were injured as a result of someone else’s negligence or intentional actions. You may have incurred an emotional or personal injury and can seek monetary compensation due to your loss of earnings, medical expenses, pain and suffering.

1. Road Accident Fund (RAF) claims

We have a reputation not just for excellence, but for ensuring our clients receive the right compensation. We know the complexities of the Road Accident Fund, and have handled thousands of cases successfully. Finding the right personal injury attorney is the difference between being appropriately compensated for these damages, or often receiving little or nothing at all.

A car or motorcycle accident is an unfortunate reality that many of us might have to face at least once in our lifetime, and that may result in damage to property, severe injury, permanent disability or even death.

WHAT TO DO IN THE EVENT OF AN ACCIDENT
  • Record the date, time and place of the accident
  • Get the registration numbers of the vehicles involved
  • Get the full names and contact details of the driver of the motor vehicle you believe caused the accident
  • Record the full names and contact details of any potential witnesses
  • Consult your doctor or local hospital for a thorough medical examination
  • Contact your personal injury attorney. The earlier you involve your attorney the better it is for your claim.
WHO IS THE ROAD ACCIDENT FUND (RAF)?
The Road Accident Fund (RAF) is a fund set up in terms of the Road Accident Fund Act. It is funded by a levy/tax, which is included in the petrol and diesel price in South Africa. This is known as a fuel levy. Everyone who buys petrol or diesel effectively pays a little extra for each litre of fuel. This levy goes to the RAF.
All motor vehicle accidents are automatically covered by the RAF. But the RAF’s responsibility lies only in the bodily injuries to the respective drivers and passengers, and in some cases, pedestrians. They are therefore not responsible for material damages to cars and other vehicles.

WHO CAN CLAIM FROM THE RAF?
  • drivers
  • pedestrians
  • passengers
  • cyclists/motorcyclists
  • dependents of a deceased breadwinner.
WHEN CAN YOU CLAIM FROM THE RAF?
You have to claim within 3 years from the date of the accident.
You can claim if:
  • the accident in which you sustained injuries/damage was not your fault.
  • you suffered injuries as a result of that collision.
In addition to Road Accident Fund claims for pain and suffering, emotional distress, loss of income/support and medical expenses, we also assist in claims against the wrong-doer or insurance company for financial loss suffered as a result of damage to your motor vehicle.
Call today to book your free consultation with a Simpsons Personal Injury Attorney.

2. Medical negligence claims

With serious consequences for both the patient and their families, medical negligence is an area of Personal Injury Law, which is fast becoming more and more important in South Africa. The decline in the level of healthcare in South Africa is further contributing to malpractice.

Every Healthcare Professional (whether it be a doctor or a hospital) owes a duty of care to their patients. This is monitored and overseen by the Health Professions Council of South Africa (HPCSA). A medical accident may be a breach of that duty, and if you’ve suffered an injury due to medical negligence, you might have a legitimate claim and may be granted compensation under the Law.

As a patient, you're entitled to reasonable care as well as informed consent – if those expectations aren't met, the Personal Injury Attorneys at Simpsons can help you with your claim. We have strong relationships with medical experts to assist with proving your case.

WHAT IS MEDICAL NEGLIGENCE?

Medical negligence claims are defined by two categories, namely:
  • Economical damages; and
  • Non-economical damages
Economical damages include monetary expenses incurred due to lack of proper medical attention, and the resulting financial losses caused by this.

Non-economical damages can include the loss of a limb or the inability to lead a normal life as a result of an accident. Compensation in these cases will be determined by the court, based on extensive investigations pertaining to the losses and damages.

WHEN CAN YOU CLAIM FOR MEDICAL NEGLIGENCE?

Each case for medical negligence is unique and a claim will be dependent on a number of important factors, such as:
  • The definition of medical negligence in terms of the Law
  • The severity of the injury
  • Whether the duty on the part of the medical practitioner was properly performed
  • Whether there was sub-standard care provided to a patient, where the patient suffered an injury or loss as a result
  • Whether the medical assistance provided was in line with the standards of good practice in South Africa
It is therefore vitally important to seek the proper professional legal advice before filing a claim for medical negligence.

HOW WILL I COVER THE LEGAL COSTS OF A MEDICAL NEGLIGENCE CLAIM?

If you have a legitimate claim, our no win, no fee promise at Simpsons, means that you won't pay a penny if your claim isn't successful.

3. Wrongful arrest, detention and/or assault claims

Our Personal Injury Lawyers are experts in assault cases, and are incredibly dedicated to helping victims of assault receive compensation for the financial and emotional consequences of their injuries. In addition, we investigate whether claims against the SAPS should also include wrongful arrest and detention cases.

If you have a legitimate claim, our no win, no fee promise, means that you won’t pay a penny if your claim isn’t successful.

If you have ever been the victim of violence, wrongful arrest, detention and/or assault, you will also know about the accompanying trauma, which consists of intentionally or unlawfully applying force to another, either directly or indirectly.

Claims can be against:
  • A representative of a public entity, such as the South African Police Service (SAPS); or
  • A private person
In many instances, victims of wrongful arrest and/or resulting personal injury do not take any steps, simply because they are not aware of the procedures that should be followed.
Personal injury claims as a result of wrongful arrest or police brutality have to be made during a specific time period after you have sustained your injuries. It is therefore vital to initiate the claim process as soon as possible.
Remember to gather as much information as possible to support your claim. This includes:
  • The date, time, place and circumstances leading up to the wrongful arrest/resulting personal injury
  • The name of the offending officer(s); • Details of witnesses;
  • Hospital reports and witness statements
WHAT ARE MY RIGHTS DURING AN ARREST?

In terms of the Criminal Procedure Act (CPA) an arrest should preferably be made only after a warrant for arrest has been obtained.

Due to the presumption of innocence, every person is regarded as innocent until properly convicted by a court of law. It is however important not to resist arrest, or interfere with the course of justice. Resisting arrest is never an acceptable excuse for a wrongful arrest. Instead, follow the instructions of the officer and collect all the information possible, so that you can initiate a claim.

DURING AN ARREST, YOU HAVE THE RIGHT TO:
  • Remain silent and not be compelled to make any confession or admission that can be used in evidence against you
  • Be informed of the reason for your arrest during or immediately after arrest
  • Obtain a copy of the warrant for your arrest
WHAT CAN I CLAIM FOR IF I HAVE A CASE?

If you have suffered personal injury due to unlawful arrest, you may be able to claim for the following:
  • Past and future medical/hospital expenses
  • Past and future loss of earnings
  • General damages for impairment of your dignity, loss of freedom, pain and suffering
  • Loss of support, in the event of a fatality resulting from the abovementioned conduct on the part of the relevant officer(s)
  • Loss of income
Contact us today for a free consultation with a Simpsons Personal Injury Attorney if you have been a victim of wrongful arrest, detention or assault.

4. Rail accident claims

Metrorail is responsible for transporting thousands of commuters on a daily basis, making them liable in the event of injury or a Metrorail accident. Many innocent passengers are injured or lose loved ones in rail accidents every year. This can occur while riding, boarding or disembarking a train (or similar mode of transport), and can be as the result of a collision, derailment, fall, strike, or fire.

Simpson’s specific rail accident expertise means we can provide a detailed explanation of your rights, and work with you to lodge and if necessary, litigate your claim.
If you have a legitimate claim, our no win, no fee promise, means that you won't pay a penny if your claim isn't successful.

WHEN DO I HAVE A CLAIM?

You will have to be able to show negligence on the part of the railway operator/service provider. Any injury sustained while on a train or at a station, can lead to a claim.
You will have up to 3 years from the date of the incident and may claim if you:
  • Are injured in a railway accident
  • Are a dependent of a deceased victim of a railway accident
  • Fall during boarding or disembarking or as a result of being pushed out of the train
  • Fall while on railway property
WHAT CAN I CLAIM FOR?
  • Hospital expenses
  • Future medical expenses
  • General damages for loss, pain and suffering
  • Current and future loss of earnings
If you were a dependent of someone who died as a result of a rail accident, you may also claim for damages and loss of income, as well as pain and suffering.

5. Product liability suits

CONSUMER-liaA product liability lawsuit arises when the producer, importer, distributor and/or retailer of a defective product is held responsible because that product caused harm to the user. It doesn't matter whether it’s a breast implant, joint replacement, child’s toy, brake pad, tobacco product, or hairdryer.

The introduction of the Consumer Protection Act dramatically changed these types of lawsuits by eliminating the fact that you had to prove negligence through the application of a no-fault principle to all goods supplied on or after 24 April 2010. However, you must still be able to prove a link between the defective goods and the harm suffered.
Simpsons Personal Injury Lawyers are experts in product liability lawsuits.

If you have a legitimate claim, our no win, no fee promise, means that you won't pay a penny if your claim isn't successful.

6. Public liability claims

There are various categories when it comes to public liability claims.

6.1 SLIP AND FALL MATTERS

Business and property owners have a legal responsibility and “duty of care” towards the public. If you've suffered an injury as a result of a hazard, negligence or breach of duty, our personal injury attorneys can help you make a public liability claim.

Most companies or property owners are covered with liability insurance which is designed to pay compensation as well as legal costs which may arise through their negligent acts or omissions. This protection exists to compensate you if you've been injured.

These are most frequently “slip and fall”, which, as the name would suggest, relate to injuries you may have sustained by slipping, tripping or falling. 
A defect on the walking surface, a slippery surface caused by weather conditions, a spill and the subsequent failure to rectify a potential hazard – all of these and more amounts to negligence, and can lead to public liability claims.

Simpsons Personal Injury Lawyers have decades of experience helping clients find success in public liability claims that result from injuries sustained due to the negligence of a business or property owner.

If you have a legitimate claim, our no win, no fee promise, means that you won't pay a penny if your claim isn't successful.
  • Identify the dog and its owner. If possible, find out if the dog has any diseases
  • Get the names and phone numbers of witnesses
  • Seek immediate medical care
  • Make a report to the animal control authorities about the dog
WHAT AM I ENTITLED TO CLAIM FOR?

If you're successful in a dog bite case, you are entitled to compensation for:
  • Past and future hospital/medical expenses
  • Past and future loss of earnings
  • General damages for pain and suffering
Simpsons Personal Injury Attorneys have been involved in many successful dog bite claims.

If you have a legitimate claim, our no win, no fee promise, means that you won't pay a penny if your claim isn't successful.

7. Family Law

Family law is that area of law that relates to the relationship between family members whether they are parents, children, spouses, grandparents or siblings. Matters that generally arise between these relationships, and with which Simpsons Attorneys are able to assist, are:
  • Divorces
  • Variation of exiting divorce orders
  • Care and contact of minor children
  • Domestic Violence and Protection orders
  • Maintenance matters
  • General family matters
We understand that your family is important to you and therefore important to us. We strive to approach every matter with trust, care, respect and compassion in order to ease the psychological impact on the family and to achieve the desired positive legal outcome not only for you but for your family as a whole.

We offer free first consultations in order to assess your matter and to provide you with the best possible advice for the way forward.

8. Estate Planning

Life can change at a moment’s notice. Before those sudden changes happen, Simpsons Attorneys Inc. are here to assist you with planning for those loved ones left behind when you are no longer there to take care of them.

Simpsons Attorneys offers the following assistance to you:
  • Drafting of Last Will and Testaments
  • Changes/Codicils to Last Wills and Testaments
  • Living Wills
  • Power of Attorneys
  • Handling of deceased estates
We can assist you in the reporting, handling and finalization of a loved one’s estate, leaving you more peace of mind and time to spend with those that matter the most.

9. Debt Collecting

In the fast pace business world of today, we understand that you don’t always have the time to follow up with those people that owe you money. Let us take care of your debtors so that you can get back to business.

Simpsons Attorneys Inc. in conjunction with S-Debt (PTY) Ltd. offers you a professional debt collection service for small, medium and large scale corporate and consumer debts. Collection charged at a small percentage of the debt recovered.

We offer soft and legal collection (offered) to you on a “no win no fee” basis.
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