1What constitutes personal injury claims
A personal injury claim essentially means any personal harm you suffered as a result of the negligence of another and includes things such as dog bite claims, slip or trip claims, injury through an industrial accident, injuries and or infections arising through the use of a Product, assaults, police brutality and or wrongful arrest
2What can be claimed
A person can claim compensation for damages suffered. There are two main categories namely general damages and special damages. General damages covers pain and suffering endured as a result of the injuries you sustained. Special damages includes things like Past & future medical expenses, past & future loss of earnings.
3Do I pay for anything upfront?
Most of our matters are conducted on a contingency fee basis. This simply means that we only take on matters which we believe have a high prospect of success. In such matters, we take on all the costs ourselves and our client will only pay us if we win the case. No win no fee.
4Who is entitled to make a claim?
• A person who was personally injured
• A dependant of a deceased or injured party for the loss of
support that dependant would have received
• A guardian may also claim on behalf of a minor for any of the
If you are unsure if you are entitled to claim, call us for advice
5How long does the litigation process take?
Each case is unique to the individual and its circumstances hence it is impossible to provide an exact time frame as to how long it will take to finalise. We will ensure that we do all that we can to ensure an expeditious carrying out of the mandate handed to us by our clients.
6What steps should I take if I suspect that I (or someone I care about) has suffered a personal injury as a result of another parties negligence?
If you or somebody you care about has suffered personal injury as a result of the negligence of another party, urgently contact Campbell Attorneys for an obligation free first consultation. We will assess your matter and advise you further. Allow us to assist you to get the compensation which you deserve.
7How long do you have to claim / institute an action?
In respect of the majority of personal injury matters, you would have had to have issued and served summons against the Defendant within 3 (three) years of the negligent act (once the Plaintiff is able to identify the Defendant and the facts from which the case would arise)
There are various exceptions, including if the Plaintiff is a minor at the time, insane or under curatorship
In addition to this there are various other time limits for example, if you were instituting a Road Accident Fund claim where you are unable to establish the identity of either the owner of driver of the wrong doing vehicle, then the claim would have to be lodged with the Road Accident Fund within 2 (two) years and when you are instituting an action against an organ of state, including for example the police, state or provincial health department then you are required to serve a notice of your intention to institute legal action within 6 (six) months of your claim having risen. There is however the possibility to apply for the court to condone the late service of this notice
There are to many exceptions to accurately deal with all the possible prescription periods, however you do need to be aware that time periods do exist and if you fail to take the required steps within the time period, you would loose your right to claim. As a result do not delay in contacting ourselves should you wish to institute a claim.