All it takes is a split-second. You’re reaching for your favourite bottle of tomato sauce in the supermarket and the next thing you’re head over heels and paying closer attention to the fluorescent lights. All because a cleaner neglected to wipe up whatever liquid she used to swab the floor. But a fall like this can cause serious injury, medical expenses and even loss of income while you recuperate. And if an individual or business can be found legally responsible for your injury, suffering and financial loss, you are entitled to compensation.
What is Personal Injury?
Personal Injury covers claims and compensation with regard to: Motor Accidents; Medical Negligence; Product Liability (harm suffered from defective goods); Public Liability and Slip & Fall (negligence, omissions, hazards, breach of duty). It can also include: Assault and Wrongful Arrest; Rail Accidents; and Dog Bites.
What you need to know:
To claim for injury in any number of situations, you need to know your rights, the validity of your claim, and the strength of your case:
- Personal Injury law has arisen mostly through court decisions, and for all practical reasons, this remains the main source of law in any legal case arising from an accident or injury.
- To unravel the tangle of law and justice you will need expert assistance – and absolute trust in that assistance. An attorney, specialised in Personal Injury claims will examine your individual circumstances and help you define your options and whether you have a justifiable claim – and also assist you with the necessary insurance procedures.
- You have a limited time in which to file a lawsuit, called a statute of limitations. The period of time is dictated from the time of injury and by the type of injury, and varies according to the applicable law. Not every injury shows its long-term effect for a number of years and you need to be informed of what is, and what is not possible to claim.
- If you choose to file a lawsuit it means the case will be resolved through formal civil court proceedings. Alternatively, you may be able to obtain compensation through an informal settlement before any lawsuit is filed.
- A formal lawsuit is initiated when a private individual files a civil complaint against another person, business, corporation or government agency – while an informal settlement may involve attorneys, insurers and a negotiated agreement.
- Any potential personal injury case requires a detailed understanding of the facts, the processes, and the law. If an accident has negatively impacted your life, you need to consult with an experienced attorney as soon as possible to ascertain whether you have justifiable cause to pursue a lawsuit.
- Generally, personal injury specialist lawyers offer a ‘no win, no fee’ basis.
The process:
- Your first step would be to find attorneys who are specialised in Personal Injury claims and who not only have experience in the law surrounding the myriad of possibilities in this field, but who are also innovative risk-takers with bulldog tenacity (these cases can take a long time).
- The following details will need to be established: the date of the accident, where and how it happened; the contact details for any witnesses; the details of your injuries, medical diagnosis and treatment received.
- You will need to provide the following documented evidence:
- proof of your loss of earnings and other financial expenses;
- any evidence that can be used to support your claim, including documents from before your accident or previous accidents in similar circumstances.
- Your attorney will then be able to judge how likely your case is to succeed; how much you might be able to claim in compensation and the legal processes involved in taking your claim further.
- They should then send you a letter summarising their advice: the name and status of the person who will be your main day-to-day contact; how long the process is likely to take and arrangements for progress reports.
- If you decide to take the matter to court, your case will be passed to a judge. The court will let you know the date of your hearing. Your attorney will work with you to ensure you have the best possible case, and will advise and support you every step of way through what can often be a daunting journey through the courts.
Simpsons is a vibrant and dynamic firm specialising in personal injury claims. We prefer a partnership approach with our clients where we promise to deliver a reliable, professional and efficient service, challenging the law itself if necessary in order to deliver results.
Over the years we have had numerous cases where we had to support families who lost their income due their main breadwinner being injured. We are #Attorneyswithheart.
Find out more about us and our services at www.simpsons.co.za
