Jump the jargon, learn the lingo and conquer the confusion with our personal injury claims guide to legal terms. You'll hear and see these throughout your injury case so know what they mean:
No Win No Fee
If your claim is successful and you're awarded damages, the other side's insurance company will normally pay all your solicitor's costs in addition to the damages, which means that you pay nothing. There are some exceptions but your solicitor will be able to explain this fully to you before your claim starts. You will receive 100% of any compensation awarded to you unless there are any exceptions.
Advocacy
Describes to act of your solicitor/barrister appearing in court for you. At the beginning of your case your solicitor/barrister will ask you to grant them this authority so that they may make pleas and actions in your name.
Claim
Your demand for financial compensation for damages relating to personal injury.
Counterclaim
The person you are seeking compensation from generates their own claim against you in response to your Claim. This may be because they feel you are responsible for the accident and personal injury to them.
Damages
This is the financial 'reward' that you receive from your opponent at the end of a claim. This can be as a result of a court order or through an amicable agreement outside of court. This does not only refer to your injuries but to financial loss, long-term effects of the injuries, ongoing hardship and so on reaching the full extent of your Claim.
Disbursements
These are the payments made on your behalf by your solicitor/barrister for fees other than the solicitor's/barrister's own Basic Charges. These include, but are not limited to court fees, accident report fees, expert witness costs, the solicitor's/barrister's travelling expenses and so on.
Interim Payments/Damages
This is a payment made to you by your opponent either as the result of a court order or as offered by your opponent before a case is settled. This could be as a result of you being out of work for some time as a result of the accident and enduring severe financial hardship. In this case the opponent may be asked, if it is quite certain that they are the responsible party, to pay part of the estimated final settlement before the case is actually finished to relieve some of that hardship. Interim Hearing
Throughout the case you/your solicitor may be in court several times before a decision is reached. A court hearing that does not reach a final decision is called an Interim Hearing.
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Litigation Friend
For a minor (under 18) to make a personal injury compensation claim they must have a 'Litigation Friend' to pursue the case on their behalf. This does not need to be a family member, it can be anyone which the minor is comfortable to have pursue the case and have knowledge of all the details concerning the claim.
Lose, Losing a Case
This term is not only used if the judge dismisses your claim, it is also used if you withdraw from pursuing the claim under your solicitor's/barrister's advice.
Part 36 Offers/Payments
When your opponent first receives your Claim they can make a personal judgment on how much they 'believe' the claim is worth and will make a Part 36 offer. If you do not accept the amount that they offer then the case goes to court for evidentiary hearings as to why you think you should receive more. Be warned, if you refuse to accept the Part 36 offer and the judge awards a lower amount later, the defendant can claim costs from you.
Provisional Damages
At the end of your case it may be that the injuries you sustained may cause complications later in life. In this instance the court will award Provisional Damages based on what your injuries are 'worth' at the time of claiming. This means that if your condition deteriorates or you develop new complications as a result of your injuries then the case will be reviewed and more Damages could be awarded later.
Win, Winning Your Claim
Finally does generally mean that you have your money and it is over. Even if the court rules in your favor your opponent may still appeal the decision and bring forward other evidence which could overturn the original decision. Rule of thumb is not to relax until the cheque is in your hands.
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This list was compiled based on the most requested explanations that we receive. If there is a term relating to you personal injury case that you do not understand please email it to us.
info@ukdirectclaims.co.uk
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