Common Terms and Phrases in Compensation Claims
Legal Process Terms
- Claimant
- Definition: The person making the compensation claim
- Example: “As the claimant, you’ll need to provide evidence of your injury.”
- Defendant
- Definition: The person or entity against whom the claim is made
- Example: “The defendant’s insurance company has requested more information.”
- Litigation
- Definition: The process of taking legal action
- Example: “If we can’t reach a settlement, we may need to proceed with litigation.”
- Statute of Limitations
- Definition: The time limit for making a claim, usually three years from the date of the accident
- Example: “We need to file your claim before the statute of limitations expires.”
Financial Terms
- General Damages
- Definition: Compensation for pain, suffering, and loss of amenity
- Example: “General damages will take into account the impact of your injury on your quality of life.”
- Special Damages
- Definition: Compensation for financial losses and expenses resulting from the injury
- Example: “We’ll include your lost wages and medical expenses in the special damages claim.”
- Quantum
- Definition: The amount of compensation being claimed
- Example: “We need to gather more evidence to support the quantum of your claim.”
- Interim Payment
- Definition: A partial payment made before the final settlement
- Example: “We can request an interim payment to cover your immediate medical expenses.”
Medical and Evidence Terms
- Medical Report
- Definition: A document prepared by a medical expert detailing your injuries and prognosis
- Example: “The medical report will be crucial evidence in supporting your claim.”
- Causation
- Definition: The link between the accident and your injuries
- Example: “We need to establish clear causation between the fall and your back pain.”
- Prognosis
- Definition: The expected course and outcome of your injury
- Example: “Your prognosis suggests you’ll need ongoing physiotherapy for six months.”
- Contributory Negligence
- Definition: When the claimant is partly responsible for their own injury
- Example: “The defendant is arguing contributory negligence because you weren’t wearing a seatbelt.”
Legal Agreement Terms
- Conditional Fee Agreement (CFA)
- Definition: A “No Win No Fee” arrangement where you only pay legal fees if your claim is successful
- Example: “Our CFA means you won’t have to pay any upfront legal costs.”
- After the Event (ATE) Insurance
- Definition: Insurance that covers you against the risk of having to pay the other side’s costs if you lose
- Example: “We recommend taking out ATE insurance to protect you financially.”
- Part 36 Offer
- Definition: A formal settlement offer made under Part 36 of the Civil Procedure Rules
- Example: “The defendant has made a Part 36 offer, which we need to consider carefully.”
Court-Related Terms
- Issuing Proceedings
- Definition: Starting formal court action by filing claim documents with the court
- Example: “If negotiations fail, we may need to consider issuing proceedings.”
- Disclosure
- Definition: The process of sharing relevant documents and information with the other party
- Example: “During disclosure, we’ll need to provide all medical records related to your injury.”
- Witness Statement
- Definition: A written account of events from someone who saw the accident or has relevant information
- Example: “Your colleague’s witness statement supports your version of how the accident occurred.”
Miscellaneous Terms
- RTA/RTC – Road Traffic Accident or Road Traffic Collision
- EMP/EL – This relates to an Accident at Work claim and means Employer Liability or accident at work.
- PL/Public Liability – PL means Public Liability which in terms of personal injury compensation claims relates to a tripping accident or accident in a public area.
- OL/Occ Liab – This is occupiers liability
- Liability – This is the word used to apportion responsibility or blame in an accident. It confirms who a 3rd party is.
- Locus – This term is used to state the accident location or place of accident.
- Locus Report – This is the term for photographic evidence and diagrams of an accident location.
Understanding these key terms can help you navigate the compensation claim process more confidently. However, don’t hesitate to ask for clarification if you encounter any unfamiliar jargon. Clear communication is essential for a successful claim. If you are unsure what something means in relation to your accident claim or personal injury in general, contact us and we’ll do our best to explain things!
