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.
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