If you were arrested and/or detained without justifiable cause, you may be able to institute a personal injury claim against the South African Police Service, the metropolitan police department in your city or, if relevant, a private security firm involved in the incident.
You may also be able to institute a claim against a person or institution for malicious prosecution.
DSC Attorneys specialises in personal injury claims and has extensive experience in both wrongful arrest/detention claims and police assault claims. Our team of medico-legal experts can assist you in preparing and prosecuting a successful claim.
We offer a free initial consultation and work on a "no win, no fee" basis.
Claimable damages in wrongful arrest and detention claims
Damages you can commonly claim include:
- past medical expenses
- future medical and hospital expenses
- past and future loss of earnings
- general damages for impairment of your dignity, loss of freedom and pain and suffering.
What to do after you've been wrongfully arrested and/or detained
You should gather as much useful information about the case as possible. This includes:
- the name or names of the offending officer(s)
- the names and contact details of any witnesses
- details of exactly what occurred and when.
Note that all personal injury claims have to be made within a pre-determined time limit. For claims against an organ of state, such as the South African Police Service, it may also be necessary to give notice of the intended action within six months of the date on which the cause of action arose.
This makes it essential to begin the claim process as soon as possible after an assault occurs.
Why you need the expertise of a specialist personal injury lawyer
Statutory requirements have to be met before claims are initiated against any government body. Because the South African Police Service is a government agency, claims of wrongful arrest or detention have their own complexities and require particular expertise.
At DSC Attorneys, we have the expertise and specialised knowledge needed to assist you with your claim against the police. As an added advantage for our clients, we act on a no win, no pay basis.