Injury Claims Glossary

Written by Gaynor Haliday Edited by Chris Salmon on Nov 4, 2024 04/11/24 Share:

A

Accident report

A document detailing the circumstances, causes, and effects of your accident. The report will be key evidence in a personal injury claim.

Adjournment

The postponement or suspension of a court hearing or trial to a later date.

Admission

A written or verbal statement made by the defendant that they accept responsibility for the accident, or owed the claimant a duty of care. An admission of fault or legal responsibility will simplify the claims process.

Affidavit

A written statement made under oath, often used as evidence in court. In an injury claim, an affidavit will set out the facts of your accident, your injuries and your financial losses, as you understand them.

After the event (ATE) insurance

A type of insurance taken out when you start an injury claim to cover legal costs if a claim is unsuccessful.

What is the difference between BTE and ATE insurance in an injury claim?

Alternative Dispute Resolution (ADR)

Methods of resolving disputes without court involvement, such as mediation or arbitration. ADR can be less costly and more flexible that standard legal processes. Your solicitor will discuss with you whether ADR is a suitable option for your claim.

Appeal

A request to a higher court to review and change the outcome of a case.

Arbitration

A method of alternative dispute resolution (ADR) where an impartial third party makes a binding decision outside of court.

Association of British Insurers (ABI)

A trade association representing the UK's insurance industry.

Association of personal injury lawyers (APIL)

A membership organisation for personal injury lawyers aiming to promote access to justice for injured people.

B

Barrister

A lawyer specialising in advocacy, representing clients in court.

Before the event (BTE) insurance

Insurance cover purchased before an incident occurs. A BTE insurance policy may cover your legal costs if you make a claim.

What is the difference between BTE and ATE insurance in an injury claim?

Bolam test for breach of duty

A legal standard used to determine if a medical professional followed accepted practice or acted negligently.

What Is the Bolam Test for Breach of Duty?

Breach of duty

A failure to meet the standard of care required by law. If the defendant in your claim breached their duty of care to you, you will have a stronger claim.

C

Case

A legal dispute brought before a court for resolution between a claimant and a defendant.

Causation

The legal principle that the defendant's actions must have directly caused the harm and losses you have suffered.

Criminal Injuries Compensation Authority (CICA)

The CICA awards compensation to victims who have been injured in an assault or other criminal activity. CICA compensation can be awarded regardless of the outcome of a criminal case.

How do I make a CICA claim?

Claimant

The injured person seeking compensation in a legal claim.

Claimant representative

A professional, such as a solicitor, who acts on behalf of a claimant in legal proceedings.

Compensation Recovery Unit (CRU)

A government unit responsible for recovering state benefits paid to injured claimants from compensation awards.

What Is the Compensation Recovery Unit (CRU)?

Compensator

The party, often an insurer, responsible for paying compensation to a claimant.

Contributory negligence

If a claimant's own actions or negligence contributed to their injury, their compensation may be reduced.

Can I claim injury compensation if I was fully or partly at fault?

Coroner

An official who investigates sudden or unexplained deaths to determine the cause. The coroner's report is a key piece of evidence in a fatal accident claim.

Crown Prosecution Service (CPS)

The principal prosecuting authority in England and Wales, responsible for criminal cases. The outcome of a criminal case might provide critical evidence in support of a civil injury claim.

D

Damages

Financial compensation awarded to a claimant for loss or injury. In an injury claim, compensation is comprised of "general damages" for injuries, and "special damages" for financial losses.

What Are General and Special Damages in an Injury Claim?

Date of knowledge

The date on which you became aware of your injury and its potential cause. This date will determine how long you have to start your claim.

Defendant

The party being sued or accused in legal proceedings.

Diminution of value

The reduction in the market value of an asset, often following damage. For example, if your car was damaged in a road accident, you may be able to claim for its loss in value as part of your injury claim.

Disbursement

Expenses incurred by your solicitor on your behalf, such as court fees or expert reports.

Disclosure

The legal process of revealing relevant documents to the opposing party in a case.

Duty of candour

An obligation owed by medical professionals to patients to be open, honest, and transparent, particularly when the patient is harmed or a mistake has been made.

Duty of care

The legal obligation requiring individuals or organisations to act responsibly and avoid actions or omissions that could foreseeably harm others. Proving that the party who caused your injury owed you a duty of care is a crucial step in an injury claim.

E

Employer's Liability (EL)

The legal responsibility of employers for the health and safety of their employees in the workplace. In general, employers are legally responsible for the actions or negligence of their employees. If one worker is injured by another, it is the employer who is liable to pay compensation.

Accident at Work Claims

Employers Liability Insurance (EL)

Insurance that covers employers against claims from employees for workplace injuries or illnesses. By law, employers must have employers' liability insurance cover. If you are injured on the job, compensation is paid out by the insurer, not by your employer directly.

Employers' Liability Tracing Office (ELTO)

An organisation that helps trace insurers for workplace injury claims where the original employer’s insurer is unknown. You can still claim compensation even if your employer and their insurance provider have both gone out of business.

F

Fast-track claim

A streamlined court procedure for personal injury claims valued between £10,000 and £25,000.

Financial Conduct Authority (FCA)

The regulatory body overseeing financial services in the UK.

G

Gratuitous care

Unpaid care provided voluntarily by family or friends to an injured person. You can include value of this unpaid care in your claim, based on the idea that if you hadn't received this care for free, you would have had to pay for professional care services.

H

Health And Safety Executive (HSE)

The UK government agency responsible for enforcing health and safety regulations in workplaces. In some cases, the HSE will take legal action against a company that breaches these regulations, and particularly if someone has been injured. HSE enforcement actions can be strong evidence in support of your claim.

High Court

A senior court in England and Wales that handles complex civil cases and appeals.

Hit and run

An incident where a driver involved in an accident leaves the scene without providing contact details. You can still claim compensation if you were injured in a hit-and-run accident, or didn't get the contact details of the road user who caused your injuries.

How To Claim if Injured By a Hit-And-Run Driver

I

Immediate Needs Assessment (INA)

An assessment of an injured person’s immediate care needs, often in serious injury cases. The INA is used to determine what interim payments are needed to fund your essential support and healthcare needs, as gathering evidence and negotiating the final settlement in a serious injury claim can, in some cases, take many months.

Insurance green card system

An international insurance certificate confirming that a driver has the minimum required insurance in participating countries. The system ensures that if a protected driver causes a road accident in another country, their insurance will cover third-party damages.

J

Judicial college

The organisation responsible for training judges in England and Wales. The Judicial College is also responsible for publishing the guidelines used to calculate general damages in a personal injury claim.

Judicial college guidelines for personal injury compensation

A publication that sets out general damages compensation ranges for different types of injury.

How are general damages calculated?

L

Law Society

The professional association for solicitors in England and Wales.

Legal Expense Insurance (LEI)

Insurance that covers legal costs for specific types of claims, such as personal injury or employment disputes. If you already hold legal expenses cover when injured in an accident, your insurer may fund your compensation claim directly, potentially removing the need for a no win, no fee agreement. If you do use LEI, your choice of solicitor will be limited, and your insurer will influence key decisions about your claim.

Legal Ombudsman (LeO)

An independent service that resolves complaints about legal service providers.

Letter of claim

A formal letter sent from the claimant's solicitor to the defendant (or their insurer) outlining the basis of a claim and expected resolution. The letter of claim will ask the defendant to confirm whether they accept responsibility for the claimant's injuries, and will set out a preferred timeframe for a response.

Limitation date

The deadline by which a claim must be filed in court, based on the limitation period. You should start your claim as soon as can, because many law firms will not accept even straightforward claims within a few months of the limitation date.

Limitation period

The legally defined time limit for bringing a claim, after which a case cannot be pursued. The standard limitation period is 3 years from the date of the accident or the date you learned of your injury, but may be longer if you were injured as a child.

What is the Time Limit for Starting an Injury Claim?

Litigation in person

A situation where an individual represents themselves in court without legal representation.

Loss of amenity

A type of non-economic damage compensating for the loss of enjoyment in life activities due to an injury. For example, if a leg injury at work prevents you from participating in your regular sports or fitness activity. This loss will be included in your general damages calculation.

Lump sum

A one-time payment of compensation rather than periodic payments.

M

Mediation

A form of alternative dispute resolution (ADR) where a neutral mediator helps parties negotiate and reach a mutually acceptable agreement. Unlike arbitration, the mediator does not impose a binding decision; instead, they facilitate communication and guide the discussion to help the parties find common ground.

Ministry Of Justice (MOJ)

The UK government department responsible for overseeing the justice system.

Multi-track claim

A court procedure for complex or high-value claims over £25,000.

N

Negligence

A failure to take reasonable care, leading to harm or injury to another person.

Notice of funding

A document notifying the court and other parties of how a claimant’s legal costs will be funded.

O

Official Injury Claim Portal

An online platform for handling low-value personal injury claims arising from road traffic accidents in the UK.

How do I use the Official Injury Claim Portal

Overturned

A decision reversed or changed by a higher court on appeal.

P

Pain, Suffering, and Loss of Amenity (PSLA)

General damages compensation awarded for physical and emotional harm, as well as reduced quality of life. PSLA is calculated with reference to guidelines published by the Judicial College.

Part 36 offer

A formal offer to settle a claim before going to court. If the defendant makes a Part 36 offer and you reject the offer, go to court and are awarded less than the Part 36 offer, you may have to pay some of defendant's legal costs.

Particulars of Claim

A document prepared by the claimant's solicitor that outlines the details of a claim, including the allegations and basis for the case.

Personal Injury Claims Portal

An online system used to manage and settle certain types of lower-value personal injury claims. In 2021, the government set up a separate portal, the Official Injury Claims portal to handle road accident claims.

Personal Injury Trust (PIT)

A trust used to protect personal injury compensation from affecting a claimant’s eligibility for means-tested benefits.

How a Personal Injury Trust Protects Your Compensation

Pre-Action Disclosure Application (PAD)

A request for early disclosure of documents before a claim is officially filed in court.

Pre-action protocol

A set of procedural steps parties should follow before bringing a claim to court, aimed at encouraging a settlement.

Protected beneficiaries

Individuals, often minors or those lacking mental capacity, who are unable to manage their own finances in an injury claim.

Protected parties

Parties in a claim who are deemed vulnerable and require legal or court-appointed protection.

Q

Quantum

The amount of compensation awarded in a legal claim.

R

Rehabilitation

Medical or therapeutic care provided to an injured person to aid recovery.

S

Settlement

An agreement reached between parties to resolve a claim without going to trial.

How Long Does an Insurer Take to Settle an Injury Claim?

Small-claims track claims

A court process for resolving lower-value injury claims, usually under £1,000. The small claims limit for road accidents is £5,000.

Solicitors Regulation Authority (SRA)

The body that regulates solicitors and law firms in England and Wales.

Split liability agreement

An agreement in which parties share responsibility for an injury or damage, affecting compensation accordingly. You can still claim compensation for an accident or injury that was partly your fault, but your compensation may be reduced.

Statute-barred

A claim that cannot be pursued because the limitation period has expired.

What is the Time Limit for Starting an Injury Claim?

Stay of proceedings

A temporary halt to legal proceedings, which may be lifted at a later time.

Strict liability

A legal principle where liability is imposed without the claimant needing to prove the defendant was negligent or at fault. In the UK, strict liability only applies to a small number of claim types, including defective products, some animal attacks, and certain work accidents involving the handling of hazardous substances.

Sue

To bring a legal action against another party for compensation or redress.

Summary Judgement

A court decision made without a full trial, based on clear facts or law. A summary judgement might be made in a claimant's favour if the defendant has no prospect of success because there is no evidence in support of their argument, or liability is undisputed. A summary judgement may be made in favour of the defendant if the claimant has a very weak case, or has no evidence to tie the defendant to the accident or their injuries.

T

Third party

An individual or entity not directly involved in a claim but potentially affected by it. The defendant's insurer, responsible for actually paying out the compensation, is the most common third party in an injury claim.

Third-party capture

A tactic used by insurers to settle claims directly with an injured party, potentially bypassing legal representation. Although dealing directly with an insurer can mean a faster result, there is no guarantee the offered settlement will adequately compensate the claimant for their injuries and other losses.

Tort

A civil wrong or breach of duty that causes harm or loss, leading to liability.

Toxic tort

A claim arising from exposure to harmful chemicals or substances.

U

Unrepresented claimant

A person pursuing a legal claim without a solicitor or legal representation. Unlike the term "litigant in person" which applies to court proceedings, an unrepresented claimant may be in the earliest stages of a claim, and may attempt to negotiate a settlement without bringing the case to court.

Upheld

A decision that has been confirmed or supported by a higher court.

V

Vicarious liability

Vicarious liability describes the legal responsibility of an employer or principal for the actions of their employees or agents. This principle is applied in most work accident claims, where a claimant's injuries were caused by the negligence of a coworker or supervisor, not the employer themselves.

What is Vicarious Liability in a Personal Injury Claim?

W

Without prejudice

A legal term indicating that statements made "without prejudice" cannot be used as evidence in court. A letter or settlement offer might be marked without prejudice so that the sender can freely discuss the case without their comments being used as evidence against them if the matter goes to court. This freedom allows for fuller and more flexible negotiations between the parties.

Should I Accept a Without Prejudice Offer?

Witness

A person who provides written evidence or testimony in a legal case. In an injury claim, a witness could be a person who literally witnessed an accident, a medical professional, or other specialist providing expert opinion on some aspect of the case.

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

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