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MTHEMBU & CO ATTORNEYS
Practice Area
Claiming damages for injuries caused by the negligence of others.
Personal injury law deals with claims for compensation arising from harm caused by the wrongful or negligent conduct of another person, entity, or institution. In South African law, these claims are grounded in the law of delict, which requires proof that the defendant owed a duty of care, breached that duty, and that the breach caused the claimant's injuries and resulting losses.
Personal injury claims cover a wide spectrum of scenarios from slip-and-fall accidents on commercial premises and injuries sustained in the workplace, to dog attacks, assault, and injuries caused by defective products. The common thread is that someone's negligence or wrongful conduct resulted in physical harm.
P A Mthembu Attorneys represents individuals who have suffered injury due to the fault of others. The firm's approach is to assess each matter rigorously from the outset, identify all potential heads of damage, and build a case that maximises the client's prospects of full and fair compensation.
Quantifying damages in personal injury matters requires expert evidence from medical practitioners including but not limited to occupational therapists, industrial psychologists, and actuaries. The firm coordinates this process on the client's behalf, ensuring that every aspect of the injury and its impact on the client's life is properly documented and presented.
What is the time limit for bringing a personal injury claim?
The general prescription period is three years from the date on which you became aware (or should reasonably have become aware) of the injury and the identity of the wrongdoer. Claims against organs of state must be instituted within three years, and a notice must be given within six months under the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002.
What types of compensation can I claim?
You may claim general damages for pain, suffering, and loss of amenities of life, as well as special damages including past and future medical expenses, past and future loss of earnings.
Do I have to pay legal fees upfront?
The firm offers consultations to assess the merits of your matter. Fee arrangements are discussed on a case-by-case basis during the initial consultation.
What if I was partially at fault for my injury?
Contributory negligence reduces but does not necessarily eliminate your claim. The court will apportion fault between the parties, and your damages will be reduced proportionally.
How do I prove negligence?
You must show that the other party owed you a duty of care, that they breached that duty, and that their breach was the factual and legal cause of your injury. Evidence such as witness statements, photographs, CCTV footage, and expert reports all play a role.
Whether you need representation or want to understand your options, get in touch.
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