Advocacy

When a solicitor or barrister acts on behalf during court / tribunal proceedings.

Barrister

A barrister is a legal professional with who specialises in the representation of clients in a court or a tribunal.

Burden of Proof

In English law the burden of proof lies with the prosecution; in terms of making a compensation claim YOU have to prove that the defendant or alleged responsible party was negligent in causing your injuries.

Claim

Your demand for financial compensation for damages relating to your personal injury and subsequent losses (These can include earnings, vehicle related losses, care, services etc).

Costs

Costs are incurred by your solicitor from the moment he/she takes control of the case.

Conditional Fee Agreement

The formal term for a no win no fee agreement. These agreements (which usually take the standard form laid down by the law society) allow a solicitor to act on your behalf when there is no other form of funding (i.e. legal aid or legal expense insurance) available.

Counterclaim

This is when the defendant or person you hold liable for your inquiries and loss, makes his or her own claim against you in response the action you have brought.

Damages

The “remedy” or monetary award received by way of compensation at the end of a claim for pain and suffering and consequential/other losses arising from the matter.

Disbursements

These are the payments made on your behalf by your solicitors.

Duty of Care

The obligation that a sensible person would have in any circumstance when acting towards others in public.

Examination

Following a claim for personal injury you must prove your case by supplying medical evidence to support your request for damages. Medical evidence is usually provided by an expert doctor following an examination. The subsequent report is used as evidence. 

General Damages

This describes the award made to compensate the claimant for pain & suffering, loss of amenity. (The injury element of the claim)

Industrial Deafness

Claims are possible for industrial deafness caused by the working environment.

Interim Payments

These payments relate to early awards that are made on account of final damages.

Letter of Claim

The initial letter that is sent to the negligent party that sets out clearly the basis on which the claim is being made.

Litigation Friend

Any claimant under 18 years of age must have a ‘Litigation Friend’ to pursue the case on their behalf.

Minor

Any person / claimant under the legal benchmark age of 18 years.

Negligence

Negligence involves breach of a duty of care owed to you by the other party. The injury / loss must have been sustained as a direct result of the breach and it must have been foreseeable that it would occur given the particular circumstances.

Personal Injury

This is a simple term given to pain and suffering caused to an individual.

Quantum

The agreed value of any claim – the amount of compensation.

Solicitor

A legally qualified individual who has a general duty to advise their clients on matters of law.

Success Fees

The costs awards that a solicitor is entitled to claim in successful no win no fee action.

Seatbelt Law

If a personal injury is suffered as a consequence of not wearing a seatbelt following a car accident – damages may be reduced for contributory negligence.