Personal Injury Claim Terms Explained

• Claimant – The person making the claim for compensation.
• Defendant – The individual, company, or organisation alleged to be responsible for the injury.
• Compensation (Damages) – Money awarded to the claimant to put them back, as far as possible, in the position they would have been if the injury hadn’t occurred.
• General Damages – Compensation for pain, suffering, and loss of amenity (quality of life).
• Special Damages – Compensation for specific financial losses, e.g. lost earnings, travel costs, medical expenses, care needs.
• Loss of Earnings – Money lost if you are unable to work because of your injury.
• Medical Evidence – Reports from doctors or specialists used to support your claim.
• Expert Witness – A professional (e.g. a medical consultant, accident reconstruction expert) who provides evidence in your case.
• Limitation Period – The legal time limit for bringing a claim, usually three years from the date of the accident or date of knowledge or the date a Claimant reaches the age of 21 if the Claimant was a child at the time of the incident.
• Letter of Claim – A formal letter sent to the defendant setting out the details of your case.
• Liability – Legal responsibility for the accident or injury.
• Negligence – The failure to exercise the level of care that a reasonable person would under similar circumstances, resulting in harm to another person.
• Causation – The factual connection between the act of negligence and the consequence of it such as injury
• Settlement – An agreement between the parties to resolve the claim, usually by payment of compensation, without going to trial.
• Joint Settlement Meeting (JSM) – A meeting where both parties (and their lawyers) try to reach an agreement without court proceedings.
• Alternative Dispute Resolution (ADR) – Ways of resolving claims outside of court, such as negotiation or mediation.
• Court Proceedings – The formal legal process if settlement isn’t reached.
• No Win, No Fee (Conditional Fee Agreement) – An arrangement where you only pay legal fees if your claim is successful.
• After the Event (ATE) Insurance – Insurance to cover legal costs such as the Defendants costs or the costs of obtaining a medical report from an expert  if your case is unsuccessful.
• Interim Payment – A payment made before the claim is fully settled, to cover immediate financial needs.
• Schedule of Loss – A document listing all financial losses, injury value and expenses claimed.
• Schedule of Special Damages – A document setting out all the financial losses and expenses incurred and potential losses that may be incurred in future.
• Part 36 Offer – A formal offer to settle a claim, with specific rules and costs consequences if rejected.
• Quantum – The amount of compensation awarded.
• Litigation Friend – Someone who makes decisions in a claim on behalf of a child or an adult who lacks capacity.
• Judgment – A decision made by a court.