At Campbell Attorneys, our specialist personal injury practice enjoys an enviable reputation for the successful institution and prosecution of various types of claims arising out of personal injury. We have considerable expertise, skill and experience with all categories of personal injury, inter alia motor vehicle and train accidents, wrongful deaths, dog bits, slip and trip matters and other injury claims.

Our professional team is dedicated to promptly and aggressively pursue justice on behalf of our clients. We pride ourselves on our commitment to provide the best service possible to our clients to ensure the highest possible judgments.

If you were involved in an accident or know of someone who was injured as a result of a negligent act, it is vital that you immediately seek legal advice from one of our personal injury specialists. We will provide you with a consultation free of charge, at which time we will advise you of your rights and on the merits of your claim. We understand the difficulties, not only emotionally, but financially as well, that is experienced by our clients and as such we are sympathetic to our client’s needs and requirements. Consequently we offer to take on matters, with merit, on a contingency basis, meaning on a “no win, no fee basis”.

OUR FIRM IS ABLE TO ASSIST IN ANY OTHER FORM OF PERSONAL INJURY INCLUDING BUT NOT LIMITED TO:

• Road Accident Fund Claims
• Medical malpractice claims
• Dog bite claims
• Slip and trip (e.g. slippery and wet floor in a supermarket)
• Wrongful death / loss of support
• Assault claims (e.g. by members of the south African police services)
• Wrongful arrest / malicious prosecution
• Product liability claims

In order to succeed in a personal injury claim, there must have been a wrongful / negligent act on behalf of a wrongdoer. If you would like to obtain legal advice on personal injury claims, please call us on 0861 347 772 or complete the no obligation online claim form and we will contact you.

ROAD ACCIDENT FUND CLAIMS

A Road Accident Fund claim, also known as a third party claim, is a claim which can be instituted to recover compensation on behalf of any person who suffered damage as a result of bodily injury to themselves, or bodily injury or death of another as a result of a motor vehicle collision. Parties who can claim are:

1. A party who sustains bodily injuries in a Motor Vehicle Accident.
2. When a breadwinner of a family is killed then the surviving spouse and the children are the persons who suffered damage by way of the loss of the financial support of the breadwinner.
3. Where a minor is injured and has to receive medical treatment. In this case the parent would be the claimant in respect of the medical cost incurred because they are the person who had to pay for such costs and therefore has suffered damages and the minor would be the claimant in respect of the bodily injuries he/she sustained.

WHAT IS THE ROAD ACCIDENT FUND?

The Road Accident Fund is a statutory body established by law to administer the system of compensation for damages suffered due to bodily injury or death caused by the negligent driving of a motor vehicle. Think of it as the insurance company for the wrong doing driver.

WHO MAY CLAIM AGAINST THE ROAD ACCIDENT FUND?

Any person who has suffered damage owing to bodily injury to him or herself or to the death or bodily injury of someone else, may claim compensation provided the following can be established.

1. That their damages were caused by the driving of a motor vehicle.
2. That such motor vehicle was negligently driven.
3. That the bodily injury or death resulted from a motor vehicle collision.

EXAMPLES OF PEOPLE WHO MAY CLAIM ARE:

1. Pedestrian negligently knocked down by a motorist.
2. Passenger in a motor vehicle negligently driven.
3. Passenger or driver in a motor vehicle struck by another vehicle which was negligently driven.

Note: A person who is solely responsible for their own injury does not have a claim, however a person whose injuries were caused partly by his own fault and partly by the fault of another motorist is entitled to compensation. (Although the compensation will be apportioned, in other words reduced)

Examples of categories of damages that arose from bodily injuries are:

• Past & future medical & hospital expenses.
• Past & future loss of earnings
• Past & future travelling expenses to obtain essential medical treatment.
• The cost of medical treatment and medication.
• The cost of employing domestic servants, nurses or assistants as a result of the injury sustained.
• General damages (an amount for pain, suffering, inconvenience, disfigurement and loss of the amenities of life).

EXAMPLES OF CATEGORIES OF DAMAGES ARISING FROM DEATH:

• Loss of maintenance or support.
• Funeral costs (limited).

Road Accident Fund claims are a complex field of Law and to ensure you recover everything you are entitled to you should ensure that your matter be dealt with by a specialist personal injury Law Firm such as ours.

PRESCRIPTION

The claim must be lodged with the Road Accident Fund within three years of the date upon which the collision occurred. Summons must be served within five years of the collision occurring.

Should the above time limit not be compiled with the claimant’s claim will prescribe and he will lose his right to claim any compensation whatsoever, although there are exceptions in identified claims for example if the claimant was a minor. In the case of an unidentified vehicle claim, this must be lodged with the Road Accident Fund within two years of the date upon which the claim arose to avoid prescription of the claim.

As a result in the case of an unidentified collision it is imperative that you make contact with our offices as soon as possible to avoid the possibility of losing your claim. There are many exceptions to prescription dates so even if you feel your claim may have prescribed, please call us and we will happily advise you further at no charge.

THE COST OF INSTITUTING THE CLAIM.

There will be significant disbursements incurred in respect of paying for medical specialists, Advocates fees, CT Scans and other disbursements. Should we be satisfied with the strength of the clients claim, our firm will cover these disbursements on behalf of the client and recover these costs once the claim has been finalised.

Our firm would normally, for these type of claims, enter into a contingency fee agreement (a no win no fee agreement) where our maximum fees are limited to a percentage, which is agreed on in advanced, of the payment received from the Road Accident Fund.

Should you require any advice on instituting a Road Accident Fund claim or any other personal injury claim please feel free to contact us. Alternatively for more information, view our site www.roadaccidentclaim.co.za

MEDICAL MALPRACTICE

Medical negligence refers to the conduct of the health / medical practitioner and how that practitioner behaves in certain circumstances, e.g. performing an operation on you in a negligent manner.

Negligent conduct is not just limited to doctors, but also applies to nurses, dentists and treatment received at health care facilities, to name but a few. These medical practitioners / experts are judged according to the degree of skill and care that is expected of a reasonable and competent practitioner. Should the medical practitioner / expert not comply or meet these standards, their conduct could be deemed as negligent.

Examples of medical negligence include but are not limited to:

• A failure to warn patients of certain symptoms that may arise post operatively that require the patient to return for further treatment
• Performance of unlawful operations (failure to obtain the informed consent of patient) e.g. failed circumcision, wrongful death, injury to babies during and after delivery
• The use of defective medical instruments / equipment
• Wrongful blood transfusions
• Usage of the incorrect or incompetent techniques or procedures
• Leaving behind medical instruments or swabs inside the patient’s body after an operation / procedure
• Failing to provide sufficient after care for the patient

The reality is that many people are victims of medical negligence, but due to ignorance of the law and their rights, these persons do not seek legal advice or assistance.

If you are victim of medical negligence or know of any family member or friend who has been a victim, we recommend that you immediately consult one of our specialist attorneys for advice.

At Campbell Attorneys, we are committed to providing efficient and preferential services and can arrange for an immediate obligation free consultation.

Our panel of leading specialists will provide well reasoned advice on evidence and the merits of your matter, to ensure that we obtain maximum compensation for you, in respect of your pain and suffering, loss of enjoyment of amenities of life, medical expenses (Past and Future expenses), loss of income (Past and Future loss).

Should you have been the victim of medical negligence, we recommend that you contact us for an obligation free consultation and that you do so before lodging a complaint with the HPCSA, doctor or hospital concerned so that we can secure the evidence and records needed to prove your case before files and records becomes “misplaced” or “amended”.

Campbell Attorneys will ensure you are properly compensated for damages incurred due to hospital or medical care, loss of work earnings (including future potential loss of income), and pain or suffering. Should we be satisfied with the merits of your case, we will agree to take the matter on a contingency fee basis, namely that we will run the matter on risk and limit our fees to an amount not exceeding 25% of your claim (Terms and Conditions Apply)

You need to decide what the outcome you are seeking from pursuing your medical malpractice case is. Medical malpractice litigation is generally lengthy and costly. In particular in matters against private hospitals and practitioners where reputations are at stake. As a result we are only able to accept matters where the quantum (the amount of the claim) is significant. If you merely wish to complain without seeking compensation, you can approach the HPCSA (The Health Professions Council of South Africa)

CLAIMS AGAINST THE POLICE

Regrettably we find that we are increasingly having to bring action against the minister of police in respect of the unlawful and or negligent actions of the police service. This may be for wrongful arrest and/or malicious prosecution, failing to release an arrested person on police bail without cause, death in police custody, assault or wrongful shootings.

DOG BITES

Amongst the personal injury claims we handle, are claims for dog bites or injuries by other animals. These cases can be brought on the grounds of negligence by the owner of a tamed animal or in terms of an action based on strict liability, where even if the owner of the animal is not negligent, one can still recover compensation from that owner if the animal acted what is referred to as contrary to its class namely aggressive manner that is contrary to the nature of that animal.

In most cases, owners of such animals are covered by their householders insurance who will take over defending and settling the matter.

SLIP & TRIP INJURIES

Slip and trip cases, as the name suggests, arise when personal injuries occur on someone else’s property as a result of slipping or tripping. Such injuries occur as a result of dangerous or hazardous conditions such as slippery floors.

Owners, their employees as well as independent contractors (for example independent cleaning contractors) are obliged to ensure that the necessary measures are taken to prevent any danger or harm that may be caused to the public. Slip and trip injuries could occur as a result of negligence on the part of the owner and / or independent contractor due to failures in one or more of the following respects:

• Inadequate lighting;
• Cleaning up of slippery floors;
• Cordoning off of dangerous areas;
• Repair holes, unlevelled surfaces, etc;
• Inadequate warning signage.

Should you suffer from a slip and trip injuries please ensure that you contact an Attorney as well as:

• Get proper medical attention;
• Keep proper records of your medical bills;
• Obtain possible witness information i.e. name, contact number, photographs of your injuries and of the scene as soon thereafter of the incident occurring, etc (details of the managing agent / cleaning service)

Refrain from signing any documents relating to the incident without the supervision of your Attorney.

Campbell Attorneys specialise in personal injury cases and will ensure that you are compensated fully.

INJURIES ON DUTY

Generally we are not able to assist in matters involving work related injuries. The relevant legislation prevents you from suing your employer or fellow employee for injuries sustained on duty and your claim for these matters lie with the Compensation Commissioner. However, there are exceptions, for example if you were employed by a different employer or labour broker then the party whose negligence caused the injuries. We would suggest you call us and explain the circumstances and we can advise if you may have a claim.