Personal Injury Key Terms
Posted on 11th June 2019 at 15:10
Allegation - A claim made against someone, often without proof, or a claim that someone has engaged in an illegal act.
Alternative Dispute Resolution (also known as ADR) – arbitration and mediation are sometimes used as an alternative way to settle a dispute without going to Court.
After-the-event-insurance - an insurance policy taken out after an accident to help assist a Personal Injury Claim.
Bankrupt - the legal status of a person or Company who is unable to repay its debts owed to creditors.
Civil Procedure Rules – the rules governing the process of handling a claim which is at Court.
Claimant – the injured person seeking to make a Claim for compensation.
Collective Conditional Fee Agreement – similar to the “no win, no fee” concept, this is where funding is arranged for a private Client.
Contributory Negligence – this is where the amount of damages that would normally be awarded to the Claimant are reduced to take in to account the Claimants own actions in sustaining the injury.
Criminal Injuries Compensation Authority (CICA) – A scheme funded by Government which allows for a victim of crime to claim compensation for their injuries.
Culpable – at fault or guilty of something.
Damages – often used interchangeably with the word “compensation” – comprising of both general and special damages.
Defendant – The party against whom the claim is made.
Disbursements – Any expenses incurred such as the cost of obtaining a medical report.
Evidence – Something material to the case which will prove or disprove something.
Fast Track Claim – A claim where damages do not exceed £25,000.00.
Fraud – intentional misrepresentation or intentional concealment of an important fact.
General Damages – Compensation for injuries.
Incapacity Benefit – A benefit paid after 28 weeks of sickness.
Industrial Injuries Disablement - A benefit paid to an employee who has been injured at work.
Interim Payment – Damages paid to a Claimant before the Claim has completed – this kind of payment can assist with care fees or house alterations following an accident.
Legal Expenses Insurance - insurance policy available through household and contents insurance and credit card facilities to fund a claim for compensation.
Liability - legal responsibility for an accident.
Limitation – the legal time limit for when a claim must be made.
Litigation Friend - person appointed to deal with the claim on behalf of a child, young person or someone with disabilities.
Minor – Claimant under the age of 18.
Multi Track Claim – a claim where damages exceed £15,000.00.
Part 36 Offer - an offer to settle a claim made by either the Claimant or the Defendant.
Personal Injury Pre-action Protocol – the procedure governing the conduct of how a claim must run before it reaches court.
Settlement – agreement for the defendant to pay the claimant damages.
Small Claim – a case where damages in matters other than Personal Injury, and Housing Disrepair, do not exceed £10,000.00.
Special Damages – a compensation for financial losses and expenses.
Welfare Benefits – payments to an injured person such as incapacity benefits.
As you probably are aware, Personal injury law can be a minefield so for experts you can trust, not only to know the meaning of all the jargon but who also know how to provide the best service, contact MG Legal on 01995 602 129 or via email@example.com.
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