Legal Jargon Buster
Legal Terms Guide To Personal Injury Compensation
If you are thinking about lodging a personal injury claim for compensation in the UK, read on for information about some of the common legal terms involved.
What Is A Personal Injury Claim?
A personal injury claim relates to a compensation claim for physical injury, disease or illness, or a psychological injury or illness. You can make a claim for compensation to cover losses you have suffered as a result of a personal injury resulting from negligence; as well as compensation for your suffering.
What Is Liability?
The action or inaction of the person who caused the accident. If someone hits you with a car while you cross a pedestrian crossing and the light was red telling them to stop, then the chances are they are liable.
No Win No Fee
Conditional Fee Agreements (CFA) or No Win No Fees as they are known are a contract between you and your solicitor. The solicitor agrees not to be paid for their work unless you win your case. Although, there may be some of your opponent’s costs to settle.
What Are Disbursements?
Money your solicitor pays third parties to help prepare your case. For example, court fees, report fees for medical or other expert reports.
Negligence
If a person, group, company, authority or organisation has failed in their duty of care in some respect towards you, via their inaction or action in some respect, then you could have a case for negligence. If you are injured because someone was negligent you may be able to claim personal injury compensation.
Case
The action, lawsuit or claim in a court of law. It can also mean the arguments put forward on both sides of the case.
Civil
Civil law or civil cases are matters focusing on private rights. Civil cases are not offences against the state. A civil case is a civil legal dispute that involves court action.
Clinical Negligence
The legal term used to describe a medical accident where someone has been harmed because a doctor, nurse or other health worker failed to give the proper standard of care, resulting in accident. Clearly, not all medical accidents are negligent though.
Claims
Claims are proceedings issued in the County/High Court. Claims, or court claims, are also known as court actions.
Compensation
A sum of money, usually, offered to make amends for an act of personal injury in personal compensation cases; and in other cases.
Lawyer
The UK legal set up is divided into two areas. Barristers can represent clients in higher courts. Solicitors are mostly restricted to representing clients in what is known as the lower courts. A solicitor is a member of the legal profession who largely advises clients, prepares their cases and represents them in some courts.
Time Limits
How long do I have to make a claim? The Limitation Act – 1980 defines how long you can have to make a claim for personal injury. Generally, the main element in actions for damages for personal injury claims are that it must be brought within three years.
What Is Duty Of Care?
A duty of care must exist between the person injured and the person responsible for that injury, i.e. some form of responsibility from the latter for the safety of the former. Failure in that duty of care can result in compensation damages.
Disclaimer
While every effort has been made to ensure that the information on PersonalInjuryBureau.Co.Uk is accurate, the Personal Injury Bureau website and those responsible for the site, cannot be held liable for any errors or consequences arising from that information. The information is not a replacement for a professional legal advisor. Personal Injury Bureau is an information website which provides general information about personal injury compensation and does not constitute any form of advice. Legal advice should be obtained from a professional, suitably qualified legal advisor.
