Bettie, a 34-year old mother of 2, earned her living as a tea and cleaning lady. One morning on her way to work, she suffered serious knee injuries when involved in a taxi accident. She was rushed to the nearest provincial hospital. Upon arrival she was forced to wait several hours before the medical staff attended to her. As a result of this delay, it was found that she would need knee surgery the next day which would entail amputation of her leg just above the knee. The amputation was purely the result of the delay of the diagnosis of her injury – and therefore constituted negligence on the part of the hospital.

She contacted her lawyers and asked them to help her with her claim from the RAF (Road Accident Fund) and the injuries sustained. Her lawyers, however, failed to issue summons in time, resulting in no compensation for Bettie.

How can we help her?

She then contacted Simpsons Attorneys for help. At this point they looked at the time frame of events and whether she would still be able to lay claim against the negligent lawyers. The normal time frame in which her lawyers should have acted is three years. When an attorney agrees to take on the case he is confirming that he has sufficient skills and capacity to handle the case.

Simpsons Attorneys considered the time frame and whether she still had a claim against the hospital specifically. When that claim had prescribed, we had to sue her previous attorney.

Who do we claim from?

The decision then revolved around whether her claim for negligence lay with the hospital, the RAF or the attorneys appointed to act on her behalf. In both instances, firstly against the hospital and secondly against the RAF, the attorneys failed to act in time and therefore her claim now lay against their firm.

What happens next?

After consultation with Bettie, Simpsons obtained the file contents from the attorney at fault (these are only kept for 5 years) to see if they had followed all the courses expected. Once this investigation was complete, we began the legal procedure to obtain sufficient reward. In order to pursue the suit successfully against the attorney in question, we had to prove that if they had acted promptly, Bettie would have been successful in her case against the hospital.

Risks we considered

We had to take into account that the attorney might be found not negligent or would not have the funds to pay the claim. We felt this unlikely as the attorney should have personal insurance to cover up to R1.5 million. Our best scenario was that all the damages she would have been entitled to, would be recouped.

At Simpsons, we are proud that we were able to help Bettie win justice due. We have worked to adopt innovative legal models that ensure every South African is able to receive the advice and support they need. As a dynamic firm with heart and impeccable standards, we specialize in personal injury claims as well as a range of negligence cases, including product and public liability. We offer each client a personalised service, ensuring we focus on every aspect of your case, whether physical, financial or emotional.

Find out more about us at: www.simpsons.co.za