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The following glossary of terms provides the key to all those words and phrases pertaining to personal injury compensation, that are used everyday, with their relevant descriptions to provide you with more information about your personal injury claim.

A

Asbestosis Claims
Compensation for exposure to asbestos in the workplace.

Advocacy
This is when a solicitor or barrister acts on your behalf during court / tribunal proceedings.

Article 75
Relates to Motor insurance claims specifically where an insurer is allowed to exempt itself from certain Road Traffic Act obligations due to a breach of contract under the terms of the insurance policy that they provide.

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.

B

Barrister
A barrister is a legal professional with who specialises in the representation of clients in a court or a tribunal.

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.

C

Claim
Your demand for financial compensation for damages relating to your personal injury and subsequent losses. Complete our online form

Compensation Recovery Unit (CRU)
The section within the Department of Work & Pensions responsible for recovering benefits paid to an injured party as a result of another negligence. They recover the cost of the benefits from the insurer and now also recover the hospital fee for emergency treatment.

Costs
Costs are incurred by your solicitor from the moment he/she takes control of the case. In most personal injury matters costs will be recovered in full from the losing party (other party) and in almost all cases will be paid by an insurer for that party. A number of different elements form the bill of costs - including success fees, disbursements and time spent which is calculated on an hourly unit basis.

Conditional Fee Agreement
In very brief terms this is the formal term for a no win no fee agreement. These agreements (which usually take the standard form laid down by the law society) allow a solicitor to act on your behalf when there is no other form of funding (i.e. legal aid or legal expense insurance) available.

Counterclaim
This is when the other party or person you hold liable for your injuries and loss makes their own claim against you in response to the action you have brought. This is an unusual situation in personal injury law.

D

Damages
The "remedy" or monetary award received by way of compensation at the end of a claim for pain and suffering and consequential / other losses arising from the matter.

Defence
The third party’s response to the Particulars of Claim.

Disbursements
These are the payments made on your behalf by your solicitors. These include, but are not limited to court fees, accident report fees, expert witness costs, the solicitor’s/barrister’s and travelling expenses. In the vast majority of cases these amounts are recovered from the losing party at conclusion of the claim.

Duty of Care
This is of huge importance and has a wide legal meaning depending on the nature of the case being brought. In very brief terms a duty of care is the obligation that a sensible person would have in the circumstances when acting towards others and the public. If the actions of a person are not made with care, attention, caution, and prudence, their actions are considered negligent. Consequently, the resulting damages may be claimed as negligence in a legal action.

E

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 you must prove your case by supplying medical evidence to support your request for damages. Medical evidence is usually provided by an expert doctor following an examination. The subsequent report is used as evidence.

F

Fast Track
The English & Welsh legal system is split into 3 tracks for personal injury compensation claims. The Small track for cases below £1,000, the Fast Track for cases between £1,000-£15,000 and the Multi Track for cases exceeding £ 15,000. The Fast Track system incorporates the vast majority of personal injury actions.

G

General Damages
This describes the award made to compensate the claimant for pain & suffering, loss of amenity. (The injury element of the claim)

H

High Court
In the UK, the High Court hears most serious civil cases, and appeals from the county courts. It is divided into three Divisions: `Queen's Bench', `Family' and `Chancery'.

I

Indemnity
Indemnity is provided by an insurance policy which provides the right to receive compensation from another for any losses.

Industrial Deafness
Claims are possible for industrial deafness caused by the working environment

Interim Payments
These payments relate to early awards that are made on account of final damages. The amount paid is usually deducted from the final award agreed in settlement.

L

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 negligent party that sets out clearly the basis on which the claim is being made.

Litigation Friend
Any claimant under 18 years of age must have a 'Litigation Friend' to pursue the case on their behalf. Usually this will be the parent or guardian unless they themselves caused the injury or were negligent and in some way involved in the action.

Legal Aid
Now generally termed public funding, where an individual can obtain funding to pursue a claim. The funding is granted by the Legal Aid Board and is based on a person’s means. This is now only available for a limited number of personal injury actions such as medical negligence. The vast majority of claims fall under the Access to Justice Act 1999 and will be subject to "no win no fee" (conditional fee) rules.

M

Medical Negligence
A claim against a medical practitioner where they have treated you so wrongly that it has caused you harm.

Minor
Any person / claimant under the legal benchmark age of 18 years. As described above, "Minors" need to pursue any claim with the help of a Litigation Friend.

N

Negligence
In order to claim personal injury another party must be responsible in law or at least partly responsible for the actions that led to the injury being sustained. This may be because they have been plainly negligent and perhaps because they are in breach of some statutory duty owed to you.

No win, No fee
See Conditional Fee agreement above

P

Personal Injury
This is the simple term given to pain & suffering caused to an individual. There is a huge area of law dedicated to the practice and management of personal injury legal actions in the UK.

Personal Injury Protocol
This is the court action protocol set out within the civil procedure rules to try and assist the parties in reaching a negotiated settlement without having to issue court proceedings. It sets out basic timeframes and outlines the conduct expected from both sides involved in a case.

Part 36 Offer
This is the mechanism that enables BOTH parties to make offers of settlement that might be considered binding should the case ever get to court.

Q

Quantum
The agreed value of any claim - the amount of compensation

S

Solicitor
A solicitor is a legally qualified individual who has a general duty to advise their clients on matters of law in the UK.

Special Damages
The compensation received in respect of certain expenses; e.g. loss of earnings, damaged clothing.

Success Fees
The costs award that a solicitor is entitled to claim in successful no win no fee actions. This amount is effectively a bonus representing a percentage of costs (up to a maximum of 100%) which is usually paid by the responsible party. Some agreements can include deductions from compensation to cover the success fee but this is not something we adopt as part of The Claims Connection service.

Seatbelt Law
Failure to wear a seatbelt carries a fine of up to £500, but no points will be endorsed on your licence. A fixed penalty notice will usually be issued, allowing you the option of paying a £30 fine. If a personal injury is suffered as a consequence of not wearing a seatbelt following a car accident - damages may be reduced for contributory negligence.

T

Third Party
The person or organisation that is considered to be at fault for the incident causing your injuries.

V

Vibration White Finger (VWF)
Vibration White Finger or VWF (now referred to as Hand Arm Vibration Syndrome – HAVS)

We help people every day claim compensation following all types of accidents, injuries and illnesses sometimes in the most unusual of circumstances.

Call us on 0800 118 5855 or complete our online form and we'll call you back and tell you straight away whether we think you have a valid case and how you can make a claim.