Personal Injury Terms

Please select from the personal injury terms below to see an explanation of its meaning.

Accident claim

Under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which will result in the claimant losing the right to bring his or her claim forward. If the fault of the other party can be proved, the injury party may be entitled to claim for compensation from that party.

Asbestos

Asbestos is a set of minerals; they are long and thin fibrous crystals that has excellent heat and cold resistance. The prolonged inhalation of these can cause serious illnesses. Asbestos is very dangerous and can cause many different illnesses, lung cancer and a deadly cancer known as mesothelioma (see below). Long exposure to high concentrations of asbestos fibers will cause health problems.

Asbestosis

Asbestosis is a lung disease caused by the inhalation of asbestos fibres. It can cause problems with your breathing. (see above)

Asthma

Industrial asthma is caused by exposure and inhalation of harmful chemicals; dusts, gases or substances that cause breathing problems.

Asthmagen

Asthmagen is a chemical substance which can cause propensity to cause Asthma.

ATE (after the event Insurance)

ATE is a type of insurance that protects a Solicitor’s client when or after that person becomes aware of the need to litigate to protect their interests.

Bladder Cancer

Bladder cancer is caused by exposure to chemicals and substances which is a cancer which develops in the bladder.

Breach of Statutory Duty

You are known to have breached a statutory duty by failure of complying with the legal responsibilities or breached any duty in an Act or Regulations.

BTE (before the event) insurance

BTE is an insurance taken to provide you with the cost for legal fees involved in litigation. This type of insurance is usually is taken out in litigation matters, car insurance, home insurance policy, accidents or diseases, or other events before the problem arises.

Carcinogen

Carcinogen is a chemical that adversely effects human tissue, causes cancer and tumours.

CICA

The Criminal Injuries Compensation Scheme is governed by The Criminal Injuries Compensation Act 1995.
Criminal injury means one or more injuries directly attributable to a crime of violence. It can also include:

The apprehension or attempted apprehension of an offender or suspected offender, the prevention or attempted prevention of an offence, or the giving of help to any police officer who is engaged in any such activity and in so doing involves an exceptional risk

CICAP

The Criminal Injuries Compensation Appeal Panel.

Claim

Claim is a process of seeking damages or to claim for compensation in an incident that wasn’t your fault or to claim for any loss you have sustained.

Comprehensive Insurance

Fully comprehensive cover: The highest level of cover:-

Cover to include theft of your car and fire damage caused to it by vandalism or mechanical failure, and also includes damages to your own car in an accident, even if you are to blame.

Contributory Negligence

It applies to where a claimant has, through his own negligence contributed to the harm he or she suffered, where another party is responsible for the injury but where the victim is also responsible for causing the accident through their own actions.

Conditional Fee Agreement

This can also be known as a “no win no fee” agreement. This entails the solicitor agreeing with their client that if the case is unsuccessful, the solicitor will not recover from the client any legal costs for the work done, however disbursements (see below) may need to be paid, if any. If the claim is successful, the other party is liable to pay all the costs in the case.

Costs

The solicitors VAT and other expenses such as court fees and medical report fees necessary to run and prove the legal case.

Court Fees

Both parties to a claim will incur court fees and the unsuccessful party may have to pay all these fees.

Damages

Financial compensation for injury or loss.

Deafness

Damage to hearing caused by loud machinery.

Dermatitis

Dermatitis is a form of skin disease where the vitamins in the skin have been exposed to chemicals.

Disbursements

The additional fees charged by doctors and experts involved in the case, medical reports and reports involved with the court.

Fees

Including legal fees and disbursements which consist of charges raised by your solicitor for the work they have done/prepared on your behalf.

Disbursements are the additional fees charged by doctors and experts.

The court also comes under disbursements for starting the court action, to end.

Insurance is usually advised to you at this stage. Please see above ATE and BTE

General Damages

General damages are money paid to compensate for pain, suffering and amenity.

Interim payments

If the person who was at fault admits liability, it is possible to obtain an interim hearing payment on account of the damages that you may be awarded. These costs may include loss of earnings, medical treatment.

Limitation

There is a limitation period for bringing a claim to the court. Time runs from the date of the accident happened, or the onset date of a disease.

The limitation period is 3 years.

Loss of Earnings

If an accident or disease has resulted in loss of earnings of salary, it may be possible to recover these costs.

Mesothelioma

Mesothelioma is a deadly form of asbestos related cancer that can be caused by just one microscopic particle of asbestos dust. There is no safe level of exposure. There is no cure.

MIB

The MIB (Motor Insurance Bureau) considers claims for compensation who have been involved in a Road Traffic Accident where the driver who is at fault cannot be traced or his vehicle has been stolen, or that person was uninsured or had no valid car insurance.

Negligence

Negligence is the fault of the other party where it is their duty to take care and not cause any accident or disease to the person making a claim, i.e person at fault has been negligent towards that person.

No Win No Fee Agreement

Please see above “conditional fee agreement”

Pleural Thickening

Scarring and inflammation caused by asbestos which can cause breathing problems and loss of function to the lungs.

Risk Assessment

Employers have a duty to protect their employees from any accident from occurring. Employers have a duty to follow the Health & Safety Regulations. Training must be given to all employees to enable employees when carrying out risk assessments to know what they are doing and are experienced to identify any hazards. The employer also has a duty to review the risk assessment on an ongoing basis to ensure all is up to date. Accident reports should be in place for employees to make a complaint.

RTA

Road Traffic Accident. The term involves car accidents, cyclists, motorcycle and injuries to pedestrians.

Special Damages

Special damages are paid to cover loss of earnings, i.e loss of earnings from wages and salary, loss of pension, damage to their vehicle, medical bills, clothing, and car park bills to see GP etc.

Stress

Psychological injury caused at work by excessive workloads, bullying or harassment.

Third Party Insurance

Third-part cover: this protects third parties such as members of the public, other drivers and pedestrians if you injure them or damage their property. However, this policy does not cover damage to your car.

Tinnitus

A buzzing in the ear resulting from deafness. As seen above under ‘deafness’, this can be caused by loud machinery or can be caused if you work in an industrial estate.

VWF/ HAVS

Vibration white finger/ hand arm vibration syndrome. These can be caused by a prolonged use of vibrating machinery causing damage to blood circulation.

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