Personal Injury claims – A to Z of common terms
B
Barrister: a qualified, specialist lawyer trained to represent clients in court proceedings.
Burden of proof: the obligation to prove a case. When an individual makes a personal injury claim, the obligation to prove that the defendant was negligent resulting in the injury/ies lies with the person making the claim.
C
Claim: a legal action for financial compensation by an individual who has suffered personal injury. This can cover both compensation for pain and injury and for expenses and other losses. A claim may be settled between the parties or it may go to a final court hearing.
Compensation Recovery Unit: the CRU is a government section (part of the Department for Work and Pensions) tasked with recovering benefits that have been awarded to an injured person as a result of someone else’s negligence. The CRU works with solicitors and insurance companies.
Contributory negligence: where an individual makes a compensation claim for personal injury, they may be partially to blame for their injuries. This is called ‘contributory negligence’ and where this is established, the level of compensation is usually reduced.
Costs: these are incurred by your legal advisers when they start work on your claim and include their hourly rate for the work they do. Costs are generally paid by the losing party, usually covered by an insurance policy (see Conditional Fee Agreement’).
Conditional Fee Agreement: A CFA is commonly known as a ‘no win no fee’ agreement and is entered into between the claimant and their solicitor before the legal work on the claim begins. An insurance policy is taken out at the outset, and under a CFA the legal costs incurred will be covered by the insurance or by the other side, depending on who wins the case.
D
Damages: financial compensation paid to a claimant both for their pain and suffering and direct financial losses as a result of negligence. Damages are calculated according to the nature and extent of the injuries and the value of actual financial losses as a direct result of the injuries.
Disbursements: the cost paid to third parties to enable a claim to be made such as medical and accident reports, court fees and travelling expenses. These are usually paid by the losing party when the case ends.
Duty of care: an obligation towards an individual that, if breached, can result in harm. A personal injury claim will not succeed if it cannot be proved that the defendant owed a duty of care to the person making a claim or a proven breach resulted in the injuries.
F
Fast track claims: many personal injury compensation claims worth between ?1,000 and ?25,000 can be ‘fast tracked’. This means the relevant court procedure ensures the claim should be ready for trial within 30 weeks.
G
General damages: financial award to compensate for personal injuries and loss of amenity. This is calculated according to the nature, extent and prognosis of the injuries sustained and the resulting effect on the victim’s quality of life.
I
Interim payments: an initial payment made to a claimant as a proportion of the final award. This is usually made where there is an immediate need for compensation while the final compensation is assessed and after liability has been admitted or proved.
Litigation friend: where a claimant is under 18, an adult needs to claim on their behalf. They are known as the ‘litigation friend’ and are usually a parent or guardian.
Legal aid: financial help from the government to pay legal costs in some medical negligence claims. Legal aid is not now available for general personal injury cases.
M
Minor: a person under 18 who, for example, makes a compensation claim for personal injury. They will do this through a ‘litigation friend’ (see above) who must not be responsible for the incident that caused the injuries.
N
Negligence: the breach of a duty of care owed by one person to another which may cause physical injury or other harm. Negligence must be proved in a personal injury action for damages to be awarded.
S
Solicitor: A legally qualified lawyer who advises on the merits of a potential personal injury claim, can deal with the claim on someone’s behalf and negotiate a settlement with the other side.
Success fees: where a claim is successful, a solicitor may be entitled to an additional fee called a ‘success fee’ or ‘uplift fee’ representing a percentage of costs. Not all law firms or claims companies claim a success fee.
Find out all you need to know about what’s involved with a medical negligence claim or any other personal injury claims processes.
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