In the event that you or a loved one is injured while using public transportation, Adendorff Attorneys Inc. can help. Our personal injury lawyers are experienced in handling claims against Metrorail, Transnet, and the Passenger Rail Agency of South Africa (PRASA). If you do not find the answer to your questions in our list, please contact us.
1. What is a train accident claim against PRASA?
If you or a family member were injured or killed in a rail/train-related incident, you might have a valid claim if it’s because of a train operator’s negligence. It’s up to a train service provider (PRASA) to ensure that its trains and rail infrastructure are safe to use.
So, if you’re injured while travelling on a train, and the injuries you sustain are not due to your own actions, you may be eligible for compensation. You may also have a claim if someone you financially depend on was killed in a train accident.
2. Who qualifies for a train accident claim?
PRASA provides compensation for South Africans, tourists and foreigners involved in train accidents on South African railroads.
3. Who can claim from PRASA?
If someone is injured on Metrorail or PRASA property, the person might be able to claim compensation through a personal injury lawsuit. Dependents of a person who dies as the result of a rail accident may also be able to claim compensation for a loss of support.
4. What kind of train incidents would allow me to claim from PRASA?
Individuals can claim for injuries on a train as a result of the following:
- Train Fires
- Collisions
- Derailments
- Unsafe Conditions
- Falling from the platform
- Being pushed from / falling out of a train
- Falling while on Metrorail property
5. What documents do you need to claim from PRASA?
When you claim from PRASA, you need a long list of documents; if you have the following documents it substantially helps your chances of winning the case:
- Train ticket
- Photos/ video of the accident
- Witnesses
Some documents are rather hard to access. A benefit of working with expert personal injury attorneys is that we will do all the run around for you – we will source all the medical reports, police reports etc. and put together an expert team of medical experts who will assist us in building your case. The best part is that when you claim through Adendorff Attorneys Inc., you will never be out of pocket for things like medical appointments as we cover all of the costs; however, if you try to claim directly, you will bear all of these expenses yourself.
6. How long does it take to settle a claim with PRASA?
Adendorff Attorneys Inc. tries to settle PRASA claims in 3-5 years. Unfortunately, it is a very long process, but we will consistently be working on the case and keep the client updated.
7. Once the matter is settled, how long does it take PRASA to pay out?
It usually takes around one month for the money to be paid out once the matter is settled.
8. How much does PRASA pay out for train accident claims?
Each case is unique, so it is only possible to give people an idea of a settlement value from PRASA with a thorough understanding of the case.
The pay-out value is based on a number of varying factors:
- Extent and severity of injuries
- Employment, were you previously employed, can you work post-accident?
- Medical expenses past and future
9. What does PRASA pay out for?
You may be able to claim compensation from PRASA for the following:
- Hospital and medical expenses incurred due to the accident
- Future hospital and medical costs
- Past and future loss of earnings or earning capacity, and
- General damage includes damages for pain, suffering and loss of amenities of life
- Loss of financial support
10. Can I claim for a train accident after 3 years?
PRASA requires claims to be reported within 6 months of the incident. Any personal injury claims related to a train accident, be it a train collision, falling off a train or being pushed off a train, you have 3 years in which to claim from PRASA.
There are some exceptions to the time limits; however, these pertain mainly to minors (under the age of 18 at the time of the accident), brain/mental damage and injuries that only show the severity of the damage years later.
11. My child was under the age of 18 when the accident happened. Does the 3-year time limit still apply?
Personal injury claims are required to be made within 3 years of the incident; however, a child under 18 years of age can be an exception.
12. Can you claim from PRASA without a lawyer?
If you’ve been seriously injured in an accident on PRASA property, you may be able to file a claim in Small Claims Court without hiring an attorney. However, you’ll need legal representation if you’re seeking damages of more than R20,000. Please don’t try and do this alone; we are here to help you get the justice you deserve.
If you file your claim directly with PRASA, you must overcome the following challenges:
-
- Claiming directly from PRASA means you will have to represent yourself in a court of law
- Using a lawyer to claim from PRASA gives you someone to represent you in court
- Claiming directly from PRASA will demand your presence in the correct court
- Using a lawyer to claim from PRASA will mean the correct court hears your case
- Claiming directly from PRASA means that you will have to endure intimidation tactics
- Using a lawyer to claim from PRASA will negotiate on your behalf to get a higher settlement.
13. What injuries does PRASA compensate for?
Minor injuries with no life impact cannot be claimed for. At Adendorff Attorneys Inc., we only deal with injuries which are deemed as very serious and have a long-term impact on a person’s life, such as their ability to work or earn an income.
Some of these injuries may result from the following situation:
- Failure of the train doors to close resulting in injury
- People being pushed out of the train
- A collision with another train
- Conductor negligence
- Overcrowding on trains and platforms resulting in people being pushed or falling onto the platform or train – tracks
- Train derailment
- Train mechanical failure
14. What injuries can not be claimed from PRASA?
- Minor injuries with no life impact cannot be claimed for.
- Claims from accidents which took place many years ago
15. Can PRASA reject a claim?
If the accident and injuries were due to your own actions, for example, you tried to board a moving train or stood between coaches while the train was moving, PRASA may reject the claim, and it will then be presented to the court. A judge will then decide whether or not you have a valid claim based on the circumstances and evidence produced.
16. Does PRASA pay for pain and suffering?
Yes, people involved in train accidents can also claim general damages for pain, suffering and loss of amenities of life, such as being physically or mentally impaired.
17. What affects the pay out amount for a PRASA claim?
This is dependent on a number of varying factors, such as:
- Extent and severity of injuries
- Employment, were you previously employed, can you work post-accident?
- Medical expenses past and future
18. Are there any PRASA claims you do not deal with?
Yes, we do not deal with:
- If the accident occurred too long ago (outside the 3-year limit)
- Minor injuries which have caused no major long-term impact
- Funeral claims
19. What are PRASA’s responsibilities on the train tracks?
To ensure, at the request of the DOT (Department of Transport), that PRASA provides safe and reliable transportation for commuters.
20. My child was killed in a train accident. Can I claim from PRASA?
Unfortunately, PRASA makes no allowance for a claim for the death of a minor, which is a child under the age of 18, nor for an unborn child. Adendorff Attorneys Inc. does not assist with funeral claims.
21. Can I claim for the death of my spouse?
It is very difficult losing your partner, let alone the breadwinner of the household. Should a train accident result in your spouse’s death, you as the husband/wife can claim for loss of financial support. Adendorff Attorneys Inc. does not assist with funeral claims.
22. Can I claim for the death of my parents or guardian?
The loss of a parent/guardian is very hard on any young child, emotionally and even financially for them and other family members. Should a train accident result in your parent/guardian’s death, a family member can claim for funeral costs and loss of support if the child is under the age of 18. Adendorff Attorneys Inc. does not assist with funeral claims.
23. Do you deal with claims from PRASA, Metrorail and Gautrain?
Yes, we do deal with personal injury claims against PRASA and Metrorail, but we do not work with cases against Gautrain.
Contact Adendorff Attorneys Inc. today for help
At Adendorff Attorneys Inc., we are committed to helping those who have been injured due to the negligence of PRASA. We understand the stress and anxiety that comes with such an injury, and we want to help you get the compensation you deserve. We work on a contingency basis, which means you don’t have to pay us anything upfront. We only get paid out of your settlement when you win. Contact us today for a free consultation.
