Niehaus McMahon Attorneys

Since 1974 this legal practice has served clients with distinction, in office and from the Magistrate to High to Appeal and Constitutional courts.

We are proudly South African; Afrikaner, Dutch, German and Xhosa, a blend of what has molded this nation. While being a strong Commercial Practice with an independent Collections Department we specialise in litigation for Medical and Personal Injury Claims.

We are proud to count some of East London’s largest Corporates amongst our client base but we also serve individuals and do not hesitate to represent these clients for a wrong infliction upon him or her. Our commitment to uphold the Rule of Law together with our social conscience to protect the dignity of man, ensures that our professional conduct is always above question.

CLICK HERE to view our Fields of Expertise

CLICK HERE to view our Fields of Service

Our Area of Jurisdictions & Correspondent Facilities

▸ East London

▸ Mdantsane

▸ Buffalo City Metropolitan Municipality

▸ Bhisho

▸ King William’s Town

▸ Zwelitsha

Ben Niehaus

Director

Sean McMahon

Director

Yolande Jooste

Director

Brandon Blignaut 

Director

Motor Vehicle Accidents:

A claimant will also be entitled to claim for general damages when his injuries are assessed by an AMA (American Medical Association) qualified specialist, if the injured person has sustained serious injury.  A person is seriously injured when he has suffered:

• A whole person impairment of 30% or more;
• Serious long term impairment or loss of body function;
• Long term mental behavioural disturbance or disorder;
• Loss of foetus;

A range of injuries are excluded.

Personal injury claims:

No limitation or exclusion on the nature of the injuries.

Depending on your pre-injury status, you can claim for:

• Past and future medical expenses;
• General damages for pain, suffering and loss of amenities of life;
• Past and future loss of earnings;
• Funeral expenses
• Loss of support (if the breadwinner of the family dies)

Claims generally lapse some time after an occurance (injury) after which the right to claim compensation expires.

• This is generally 3 years.
• If the identity of the negligent driver or vehicle is unknown, then the claim must be submitted within 2 years (hit-and-run claims).

NB  Instruct your attorney immediately after the injury to seek his advice and ensure that you do not lose the right to                      compensation

Personal Injury includes but is not limited to:

• Slip and Fall;
• Shootings;
• Dog Bites etc

• He should reasonably have foreseen the possibility of the occurrence of the consequence, or the existence of the circumstance in question;
• He should reasonably have guarded against that possibility;
• He failed to take such steps, which he should reasonably have taken.

• Consult with your specialist attorney;
• Obtain copies of medical records, letters and reports;
• Prepare a statement of historic events.

• Claims must be filed within specified times.
• Notification must be given to State institution within 6 months of the occurrence. If not, apply for condonation.
• Claims against the State and private legal persons will prescribe after 3 years.
• There are many further requirements, rules and exceptions applicable. You will need to consult with your specialist attorney.

• The client is in the first instance liable to his attorney.
• Payment for disbursements relating to costs of patient folders ad initial medical expert report will be called for.
• Consult with your attorney to agree on payments of fees and disbursements.

• We recover the of private individuals up to and including large corporate institutions.
• We provide personal attention to all our clients regardless of the size of their portfolio.

• We use numerous strategies to ensure that we recover your hard earned business.
• We commence the process by using a combination of mail, sms and telephonic phone contact to elicit payment.
• The latest Internet Technology is used followed by Tracers who locate debtors who have escaped from their creditor’s radar.
• We determine if the debt falls within the ambit of the National Credit Act.
• From here the legal process commences with a Summons.
• If we receive no response from the debtor, we apply for Default Judgment.
• Thereafter a Warrant of Attachment or Garnishee Order or Emoluments Attachment Order is obtained.
• Payment is arranged, disputes resolved and fixed undertakings are obtained to settle, either in full or in installments.
• We consult personally with debtors where necessary to obtain the maximum payment that the debtor can afford.
• We ensure that undertakings are in writing and signed by the debtor to validate the payment and ensure full recover of your claim, including capital, interest and costs.

• IMMEDIATELY!
• If a debt is overdue for payment, the earlier you hand it over to us for collection, the more likely we are to make full recovery.
• Make your debt the first payable.
• Delays often result in having to wait for the debtor to afford payments or finding they have disappeared or gone out of business.

• We offer various fee agreements to suite each individual client’s needs in the most cost effective manner.
• We either apply the Cape Law Society, Magistrates or High Court tariffs.

At Niehaus McMahon we offer:

• Expertise
• Specialised Debt Collecting Databases
• Readiness
• Responsiveness
• Sound Client Relationships
• Regular Reporting
• Monthly Accounting

For more information on how we can
assist you, please contact us on

Immovable property is property that has a fixed location and cannot be moved or transferred elsewhere without destroying or altering it, for example land, a house or a building.

Who appoints a conveyancer?

The seller appoints a Conveyancer although this can be negotiated between the parties.

How much are Transfer Duty Costs?