Legal Jargon - What Do The Words Mean?
Quantum - The amount your claim is worth
Compensation/damages - The money you will receive when your claim is successful
General damages - The compensation you receive for the injuries you have suffered. See What is my claim worth?
Special damages - The compensation you receive for the losses and expenses you have incurred or will incur in the future.
Bereavement damages - A statutory award given to a limited category of relatives in a Fatal Accident claim. Currently £11,800
Dependency claim - The compensation awarded to those who were financially dependant on the deceased in a Fatal Accident claim
Claimant - The person bringing the claim
Defendant - The person or body the claim is against and is alleged to be responsible. There could be more than one.
Litigation Friend - If the injured party is a minor (under 18), or does not have the capacity to manage their affairs, they must have an adult to handle the claim on their behalf. It is usually a relative, but it can be any adult. The Litigation Friend must provide the information and make decisions in the claimant’s best interests.
Liability - Legal responsibility for the accident. It must be proven against the defendant in order for you to be entitled to compensation.
Letter of Claim - Formal letter to the defendant setting out your claim and holding them responsible.
Pre-action protocol - A procedure that has been agreed between the Claimant’s Representatives and Defendant’s representatives. It allows the defendants 3 months to investigate the claim once they have received the Letter of Claim. At the end of that period they must either admit liability, or set out their defence and provide disclosure of all relevant documents to the claim. The claimant should not issue proceedings at court before this period has expired.
Litigation - The commencement of legal proceedings at court.
Limitation - The time limit imposed to commence legal proceedings at court.
Civil Procedure Rules (CPR) - These are the rules that set out how a case must be conducted. They are binding on both parties. There can be sanctions if they are not followed.
Part 36 - Offer A Civil Procedure Rule that relates to the making of offers. An offer can be made by either party and can be in relation to the whole or any part of the claim. The offer remains open to be accepted for 21 days. If the offer is accepted late or is rejected but is not beaten when the issue is finally determined, a cost penalty may be imposed.
Contributory Negligence - This is the term used to describe the situation where you are also partly to blame for causing the accident and or your injuries. If you are found to be partly responsible, the compensation you receive will be reduced by the amount of blame that is apportioned to you. It is expressed as a %. For example, in road traffic accidents, if you are injured and you were not wearing a seat belt, it is common to have your compensation reduced by 25% to reflect the fact that your injuries are likely to be worse because you were not wearing a seat belt.
Costs - The legal fees incurred in pursuing your case. They are made up of Profit Costs, the fees for the work done by the solicitor and Disbursements (see next heading).
Disbursements - The fees charged by third parties who provide a service to your claim, for example medical experts fees, court fees.
Conditional Fee Agreement (CFA) - Also known as the no win no fee agreement. It is the contract between the solicitor and the client where the solicitor agrees not to be paid if the case is unsuccessful.
Success Fee - The additional charge a solicitor can make if they take a case on a CFA. It is calculated as a % of the solicitors profit costs and cannot be more than 100%. It is a charge payable by the defendant if the case is successful. Some solicitors will also charge their client a success fee.
Legal Expense Insurance - A policy of insurance that will cover your legal costs and those of the defendant if your case is unsuccessful. The amount of cover is usually limited. These policies are usually taken out before the accident happens and are also referred to as Before the Event Insurance (BTE).
After the Event Insurance - A policy of insurance that is taken out after the accident and for the sole purpose of providing cover for your legal costs in bringing the claim. It is usually taken out to support the CFA and will cover your disbursements and the defendants costs and disbursements if your case is unsuccessful.
Witnesses - Any person who gives evidence in your case.
Experts - Expert witnesses who are instructed to give an opinion on a particular aspect of your case, most commonly a medical expert who will give an opinion about your injuries.
Compensation Recovery Unit (CRU) Certificate - This is a certificate issued by the Department of Works and Pensions. It states whether you have received state benefits as a result of your accident. If you have, then the benefits may have to be repaid from part of your compensation.
Settlement - The agreement reached at the conclusion of the case.
Judgement - An order of the court, having made a ruling in the case. A final Judgment will be made at the conclusion of a trial.
Quantum - The value of your claim. A term often used by lawyers when referring to the amount of compensation or damages.
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