The following glossary of terms provides the key to all those words and phrases pertaining to personal injury compensation, that are used everyday, together with their relevant descriptions to provide more about your personal injury claim.
Simply click on a letter to reveal the terms in that section.
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After the Event Insurance (ATE)
An insurance policy which can be purchased following an incident that covers your legal costs incurred by using a solicitor to deal with your claim.
Before the Event Insurance (BTE)
An insurance policy, which can be purchased, as part of, or in addition to household or vehicle insurance to cover legal costs, incurred when using a solicitor in the event of a claim.
Burden of Proof
In English civil law, the burden of proof lies with the prosecution. When making a compensation claim, you, the claimant, has to prove that the third party was negligent in causing your injuries.
Causation
The causal link, connection, between your injury and the cause of that injury.
Claim
Your demand for financial compensation for those damages pertaining to your injury and subsequent losses.
Claimant
This is the person on whose behalf the claim for compensation is brought.
Compensation
The money you receive in compensation for the injury you sustained; same as damages.
Conditional Fee Agreement (CFA)
A formal agreement between the claimant and the solicitor which states how the solicitor will be paid for their services. It also sets out the terms upon which the solicitors fees will be calculated and also whether or not an after the event third party legal costs insurance policy is to be used in the event that the claim is lost.
Contributory Negligence
Term to describe any responsibility on the claimant for the personal injury.
Costs
Your solicitor, from the moment the claimant engages their services, incurs costs and these costs are usually recovered from the third party.
Damages
The money that is received by the claimant for the injuries; compensation.
Defence
The third party’s response to the Particulars of Claim.
Duty of care
A legal responsibility placed on a reasonable person when acting towards others. If the actions of another are not executed with care, attention, caution and prudence, their actions are considered negligent.
Employers Liability
A claim against your employer for damages caused by negligent working practices.
Evidence
Proof, which may be used, to prove another’s negligence.
Examination
Following a claim for personal injury, evidence is usually requested to prove your case. Medical evidence can be sought by means of an examination.
General Damages
The compensation received based purely on the actual injuries.
Indemnity
Indemnity is provided by an insurance policy which provides the right to receive compensation from another for any losses.
Industrial Injury
A condition, illness or injury caused by an employer who failed to execute their duty of care towards you.
Interim Payments
Part payments made to the claimant during the case and deducted from the final settlement.
Law Society
The UK regulatory body for all qualified solicitors.
Legal Aid
A general term used to describe public funding for personal injury cases. This is now only available for a limited number of personal injury actions such as clinical negligence.
Legal Expense Insurance (LEI)
Insurance to cover legal costs in the event of a claim; also known as before the event insurance.
Letter of Claim
The initial letter that is sent to the third party stating the basis on which the claim is being made.
Liability
The burden of proof rests with the claimant to determine who is liable for the sustained injuries, the claimant’s solicitor, in the letter of claim will ask the third party to admit liability.
Limitation
The date by which court proceedings need to have been issued, in respect of your claim, to prevent it from becoming time barred. Usually three years from the date of the incident.
Litigation Friend
Usually a parent or guardian, but any claimant under 18 years of age must have a litigation friend to pursue the case on their behalf.
Motor Insurers' Bureau (MIB)
An organisation funded by all UK insurers that settles claims made by victims of accidents involving uninsured or untraced drivers.
Medical Negligence
A claim against a medical practitioner where they have treated you so wrongly that it has caused you harm.
Minor
Any claimant under the age of 18 years.
Negligence
Negligence involves a breach of a duty of care owed to every person by another party Loss must have been sustained as a direct result of the breach and it must have been foreseeable that it would occur.
No Win No Fee
The combination of the Conditional Fee Agreement and an insurance policy that means the claimant does not pay any legal costs.
Particulars of claim
The document that is submitted to the third party which outlines the basis on which the claim is being made.
Personal Injury
A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident.
Proceedings
These are issued in court by your solicitor to settle your claim, when negotiations fail to reach an agreement out of court.
Public Liability
A claim against a third party when an accident happens in a public place or on their premises.
Quantum
The agreed value placed on a claim based on the evidence; the amount of compensation.
Special Damages
The compensation received in respect of certain expenses; e.g. loss of earnings, damaged clothing.
Third Party
The person or organisation that is considered to be at fault for the incident causing your injuries.
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