A Personal Injury claim can be an unfamiliar place to exist within, often, for a long period of time. Various terms and phrases are used within them, which has the potential to bring confusion to those involved.
Below is a non-exhaustive list in alphabetical order of some key terms that appear throughout a Personal Injury claim:
After the Event Insurance: This is insurance taken out to cover the disbursements (expenses) of your solicitors incur during the claim. If your claim is successful, the premium is deducted from the compensation. If the claim is unsuccessful, the premium is usually not payable.
Causation: The claimant must prove that the breach of a duty of care caused the injury, loss or damage. ‘But for’ the negligence, the injuries, loss or damage would not have taken place.
CICA: Criminal Injury Compensation Authority are applications made on behalf of someone who has been injured due to criminal activity. The claim for compensation is made to the government fund.
Claimant: The individual bringing the claim who has suffered injury, damage or loss.
Claim Form: A legal document filed at court to initiate court proceedings. This is launched by the claimant to formally notify the court and the defendant of their intention to pursue a legal claim.
Conditional Fee Agreement: Is a funding option for Personal Injury claims which typically require no upfront costs to be paid by the claimant. This agreement is better known as the ‘No Win, No Fee’ agreement. Payments are only made towards the lawyers’ costs if the claim is successful either at trial or via a settlement, with the costs being paid in this circumstance by the other side. If the other side does not agree to pay the lawyers’ costs in full and there remains a shortfall, this will, if not waived, be paid out of the compensation awarded.
Contributory Negligence: Where a claimant suffers injury, loss or damage due to a combination of the negligence of the defendant and also the claimant’s own part-failure to take reasonable precautions for their own safety.
Compensation: A payment made by a person or organisation in consequence of an accident, damage, injury or loss suffered by the claimant.
Defendant: The individual or organisation who has allegedly fallen below the expected duty of care and/or acting negligently, and causing someone to suffer an injury, damage or loss.
Disclosure: In Personal Injury claims, the delivery of documents involved in the claim is known as disclosure. This takes place on both sides and is required periodically throughout the duration of the claim. An application for disclosure and inspection of the documents can be made pre-action. Standard disclosure includes documents which a party intends to rely on and which could adversely affect their own case, adversely affect another’s case, or support another’s case.
Expert: Refers to individuals who provide independent opinions on areas within their expertise, such as specific medical conditions, future care needs or the cause of the accident. These opinions are then used as evidence to support the settlement amount.
General Damages: Is part of the compensation be awarded for the pain suffering and loss of amenity experienced by the claimant.
Letter of Claim: A letter sent to the defendant by the claimant as soon as sufficient information is available to substantiate a realistic claim. This contains details of the claim and often the incident and the current status of the claimant’s injuries, loss or damages suffered.
Limitation: This is the timeframe for bringing a claim of personal injury. The time frame for bringing a claim can be different for adults and minors. The time frame can also be dependent on whether the incident occurred on land, sea or air. The time frame can also vary from country to country.
Negligence: Where an individual or organisation falls below the duty of care expected of them.
Neurologist: Are individuals who diagnose and treat neurological injuries to the brain, nerves and spinal cords, often specialising in areas such as pain management, epilepsy or strokes.
Neuropsychiatrist: Refers to individuals who evaluate the psychiatric capacities of an individual, this can include assessing whether an individual has mental capacity.
Neuropsychologist: Refers to individuals who evaluate brain functions after brain injuries. They examine areas such as memory, problem-solving or attention losses.
Neuro-radiologist: Refers to individuals who specialise in interpreting and identifying abnormalities of the brain, head, neck and spine using imaging systems such as MRIs, CT scans and X-Rays.
Occupational Therapist: Refers to individuals who provide care following a brain injury. They will assist an individual in numerous areas of their rehabilitation including offering plans and guidance for improving movement, working on techniques or organising new equipment to assist the injured individual to regain independence in daily tasks.
Occupier’s liability: Concerns the duty of care owed by an occupier to a lawful visitor or a trespasser.
Particulars of Claim: This document is a detailed statement of the facts of the claim and often includes details of the incident, the injuries known so far and the basis of the liability of the defendant. These must either be attached to the claim form or be sent within 14 days after the service of the claim form.
Quantum: The monetary amount in dispute to be awarded as compensation to the individual who suffered the injury, damage, or loss.
Res Ipsa Loquitor: Is Latin for ‘the thing speaks for itself’, and is considered when adducing evidence. This takes place when the claimant is unable to adduce any evidence as to how or why the accident happened, but can show that the accident would not have occurred but for the negligence present and the caused damage was done so due to the defendant.
Schedule of Loss: A detailed document, often amended regularly throughout a personal injury claim, which contains the financial losses suffered in the past, and expected to be suffered in the future. There are various heads of losses included in a schedule of loss to identify what losses have been suffered specifically, and what losses are due to be lost in the future due to the injuries sustained.
Settlement: The compensation payment awarded to the claimant who suffered the injury, damage or loss due to the negligence of another.
Special Damages: This refers to specific financial losses that have been suffered by the claimant. These losses are often readily identifiable such as lost wages, property or damage or other out-of-pocket expenses.
Vicarious liability / Employer’s liability: An employer is liable for damage caused due to the failure to meet the required duty of care to their employees while the employee is acting in the course of their employment.
How Moore Barlow can help
Personal Injury claims can be long and emotional experiences to go through. Moore Barlow solicitors specialise in Personal Injury claims and offer considerate and effective advice and support throughout the process.
Speak with one of our specialist solicitors call us on Freephone 0800 157 7611 or email claim@moorebarlow.com. We are here to support you and your family every step of the way.
Our Personal Injury lawyers are specialists in accessing rehabilitation, securing interim payments and recovering compensation for client’s after serious injury. Our Team are accredited as a Top Tier Team by both Legal 500 and Chambers & Partners. We are also accredited by Headway as brain injury specialists.
