Personal Injury
Legal Terms
Breach of Duty of Care
The next stage in proving a negligence claim is to prove that a duty of care has been breached. What this usually means is that your opponent has not taken reasonable care.
Causation
The third thing which must be proved in a negligence claim is that any breach of duty has caused the injury complained of. By way of an example, if an employer has a dangerous piece of machinery but you are injured by some other part of the machinery, you cannot rely upon the breach of the duty in providing dangerous machinery. The other area where causation is important is where there is difficulty in proving that the injuries complained off are related to the accident, for example back pain.
Civil Procedure Rules (CPR)
These are the rules which say how Court proceedings should be conducted eg time limits, disclosure of information.
Conditional fee agreement
“No win, no fee”
Court
Most claims for injury are brought in the County Court although in certain circumstances proceedings can be issued in the High Court.
Cross Examination
If the matter goes to a trial any witnesses can be asked questions by the other side.
CRU
Compensation Recovery Unit - a division of the Department of Work and Pensions (formerly DSS).
Disbursements
Non solicitor fees / expenses relating to the case.
Disclosure Statement
List provided by the person making the claim that says they have made available all the written documentation required of them.
Duty of Care
This is the first ingredient of a claim for negligence. You have to prove that the person you were suing owed you a duty of care.
Evidence
Material which is used to prove the facts of the case. It can take the form of expert evidence, documentary evidence such as medical records, accident report books or statements. It can also include objects such as damaged vehicle, clothing etc.
General Damages
Monetary compensation awarded by a Judge (or agreed by your opponents). They are intended to recompense you for (amongst other things) your injury and the pain and suffering this has caused you and also for any resulting physical or mental disability and the restrictions that this imposes on your way of life.
General damages are assessed by comparing previous court awards in cases with facts similar to your own.
Other examples of general damages include: compensation for being handicapped in the job market, for the loss of a congenial form of employment or compensation for losses and expenses that you are likely to incur in the future.
Injuries
These can be either physical or psychological/psychiatric. You can only bring a claim for negligence if injury has been caused. There can be no compensation for injuries which may have happened even if there is a breach of duty of care.
Issuing Proceedings
This involves formally starting the claim off in the Court. Just because proceedings are issued does not mean that the matter will ultimately end up in a trial
Judge
Claims for compensation of injury are dealt with in general by a single Judge who will listen to the facts of the case and give his Judgment. There is no jury involved.
Liability
Whether your opponent is legally responsible for your injury and you will need this to be proved in order to recover compensation.
Limitation
The time limit in which proceedings must be issued otherwise you lose your right to claim.
Medical Experts
We will arrange a medical expert to examine you and produce a medical report which will deal with the circumstances of the accident, the initial injuries, how you were treated, the progress you have made, findings on examination and a prognosis. It will also deal with how medical conditions have been caused.
Medical Report
This is the written record of the medical expert in other words his evidence.
Medical Records
In the vast majority of the cases the medical expert will want to see all your medical records including GP records, hospital records and if relevant occupational health records.
This will assist him in giving his report and dealing with the extent of the injuries and issues relating to causation of injuries
Other Experts
In certain cases it may be necessary to obtain other reports from non medical experts such as occupational therapists, accountants and engineers in order to prove your claim.
They will give evidence in relation to their opinion and not evidence of facts.
Personal Injury Pre-action Protocol
The Protocol requires you to write a letter of claim to your opponent giving:
a clear summary of the facts on which your claim is based,
outlining the nature of your injuries,
and summarising any financial loss that you have incurred, and
requesting details of your opponents insurers, if unknown
We will prepare this letter for you.
Your opponent has 21 days in which to respond with details of the insurers, otherwise you are entitled to commence proceedings without further notice. If your opponent replies within the 21 day period, then the insurers will have 3 months to investigate the claim. However, the insurer should, by the end of this 3-month period, state whether liability is admitted or denied. In the latter case, an explanation must be given. This procedure has the additional advantage of letting you know what your opponents response to your claim will be that much earlier than under the previous civil justice regime.
You are required to provide a schedule of your losses and expenses and copies of documents that prove your losses and expenses, as soon as reasonably convenient.
Proof
The responsibility for proving a case lies on the part of the Claimant. We will do all that we can to help you prove your case. The case must be proved on what lawyers call a ‘balance of probabilities’. In other words whether something was more likely than not. It is not necessary to prove matters beyond all reasonable doubt.
Quantum
This is the term we use for the value of your claim, which includes general and special damages.
Reasonably Foreseeable
The word reasonable is very important in accident litigation. Courts will often apply a test of ‘reasonableness’ to determine all sorts of issues.
Settle
The vast majority of cases settle without going to a final trial. This can either be before or after proceedings are issued.
Special Damages or Losses
Compensation for the losses and expenses that you have incurred up to the date of the trial. Special damages are the actual losses or expenses that you have incurred, as opposed to those that you estimate have occurred or will occur in the future.
Special damages can include the following heads of claim: Accident damage to your property, lost earnings, medical and treatment expenses, the cost of care and assistance, transport costs and other items of expense which you have incurred as a direct result of the accident and/or the injury.
Trial
A hearing at which a Claimant has to prove his/her case. This could include proving who is responsible for the accident or how much the claim is worth or both.
Witnesses
People from whom we take statements to prove your case. This does not only include people who saw the accident happen but it can include members of your family, employers etc. We will advise you on the sort of witness evidence required
Witness Statements
This is a written record of what a witness will say if the matter goes to a trial this will normally stand as the witnesses evidence at a trial.