Glossary of Terms

Accident claim

Making an accident claim is the process of formally seeking damages or redress against a wrongdoer for any injury or loss that you may have suffered.

Claim

The process of formally seeking damages or redress against a wrongdoer for any injury or loss that you may have suffered.

Contributory Negligence

This is where another party is principally responsible for the injury but where the victim is also partly responsible for causing the accident through their own actions. It is measured as a % and forms a deduction from any damages that may be awarded to the victim.

Conditional Fee Agreement / Cost Free

In legal cases this may mean a "no win no fee" agreement often called a conditional fee agreement. The solicitor will agree with their client that if the case is lost they will not charge any legal costs to the client for the work done. There may be other legal costs to pay such as expenses and other costs but the client can and should take out an insurance policy for this eventuality. If the case is won the losing party should be made to pay all of the legal costs.

Compensation

The money you receive in compensation for the injury sustained

Cost Free

In legal cases, this can mean a ‘no win no fee agreement’ often called a ‘conditional fee agreement’. The solicitor will agree with their client that if the case is lost, the solicitor will not recover from the client any legal costs for the work done. There may be other legal costs that have to be paid (such as expenses and the successful other parties costs) but the client can and should take out insurance cover to pay these. If the case is won, the defendant or other losing party should be made to pay all of the legal costs.

Costs

The solicitors and barristers fees, VAT and other expenses such as court fees and medical report fees necessary to run and prove the legal case.

Damages

Financial reimbursement for injury and loss.

Diagnosis

Identification of the disorder a person is suffering from

Duty of Care

The responsibility placed on a person when acting towards others.

Employers Liability

Employers responsibility

Fees

These are the legal and other costs that arise in pursuing a legal case. They consist of the charges raised by the solicitor and barrister for the work that they do on your behalf.

Although seperate, this term can be taken to also include disbursements. Disbursements are the additional fees charged by the doctors and experts involved in the case for the medical and other reports that are necessary to pursue the court case.

The Court also charge 'Court Fees' on a scale relating to the potential value of the claim for starting the court action and further Court fees are payable at the various stages throughout the court action. Both sides incur such fees and the losing party generally has to pay all these fees and costs if they are reasonable and the Court does not direct otherwise.

Your solicitor will normally advise you at the outset to take out an insurance policy to cover all of these costs liabilities if you do not have Trade Union or some other form of back up financial legal cover for the claim. The cost of this insurance cover is also normally recovered by the successful party from the losing party. Please also see Costs.

General Damages

General Damages is part of an award of damages that relates purely to an injury and its consequences and which has to be assessed by a court or negotiated as part of a settlement.

Insured Losses

Those losses that are covered by the provision of an insurance policy.

Law Society

The UK Regulatory body for all qualified solicitors.

Loss of Earnings

If one can prove that an injury or disease has directly resulted in a loss of wages or salary, it may be possible to recover this against another wrongdoer in a civil claim for damages.

Limitation

The period of time available for a claimant to bring an action against a defendant.

Negligence

Failure to exercise a reasonable degree of care, resulting in an unintended injury to another party.

Party

Any of the participants in a court action or proceeding in a personal injury claim, accident compensation or other claim

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

When a person suffers an injury either physically or psychologically as a result of an accident

Proceedings

Proceedings are issued in court by the solicitor to settle the claim when negotiations fail to reach an agreement out of court

RTA

Road Traffic Accident. The term includes car, motorcycle and bicycle accidents as well as those to pedestrians.

Solicitor

A solicitor is a specialist lawyer that will prepare the case and the evidence on a day to day basis up to the trial.

Special Damages

Fixed and quantifiable losses which are being sought in a claim, such as loss of earnings etc.

Trial

The final hearing of a claim before the court

Uninsured losses

Those losses that are not covered by the policy.

Ligaments

Ligaments are made of fibrous tissue. They connect bone to bone, providing support while allowing flexibility and movement.

Pain

Pain is an unpleasant physical or emotional feeling that your body produces as a warning sign that it has been damaged.

Tendon

A tendon is a tough cord of tissue that connects muscle to bone.

Tissue

Body tissue is made up of groups of cells that perform a specific job, such as protecting the body against infection, producing movement or storing fat.

Trauma

The word ‘trauma’ comes from the Greek word for wound. It is used by the medical profession to refer to physical wounds, but is also used in psychology and the caring professions to refer to a psychological wound – that is, the harm done to a person’s psychological well-being by one or more events that cause major levels of distress.

Whiplash

An injury to the neck caused by a sudden movement forwards, backwards or sideways of the head.