Compensation Claim Jargon Explained
After the event insurance – An insurance policy, taken out after an accident or incident has occurred, which covers your own costs (disbursements) and the need to personally pay your opponent’s legal bill if you lose your case.
Before the event insurance – A policy that is taken out before your accident or incident occurs such as legal expenses insurance. This can often come with household insurance policies and it usually covers your own solicitor’s legal fees as well as those of your opponent.
Claimant – You, the person making the claim.
Compensation – This is a financial award received by a claimant after settling or winning a claim. This can be for pain and suffering, medical expenses, past and future earnings which have been lost and/or damage to valuables or any other expenses, which the claimant may have incurred as a result of the incident.
Conditional fee agreement – A no win no fee agreement where a solicitor takes on a personal injury case based on the understanding that they will only receive a fee if the case is successful. The fee is paid by the opponent.
Contributory negligence – On determination of liability, this is the amount that you are deemed responsible for, as a result of partially causing the accident or incident.
Counterclaim – When the party that you are claiming against decides to claim against you in response.
Costs – See disbursements.
Defendant – The person or party you are making the claim against.
Disbursements – Payments made by your solicitor to other people in respect of services provided during the course of your case such as court fees, police accident report fees, medical report fees, hospital records, GP records, after the event insurance and legal fees if your case goes to court
Fees – The charges that Bott & Co will make for our legal services. If a no win no fee case is unsuccessful, these charges will not usually need to be paid. And if you claim is successful, these charges will usually be paid by your opponent.
General damages – Part of personal injury compensation along with special damages. General damages usually relate to the injury itself and include pain, suffering, discomfort and distress; loss of employment and other lifestyle changes, such as no longer being able to carry out household tasks or play sport.
Liability – The determination of responsibility for the accident.
No win no fee – If you do not win your case you should not need to pay your solicitor’s fees.
Part 36 offers – The claimant or defendant can make a formal offer to settle the claim at any time. The offers can have cost implications and are influential in negotiations.
Personal injury protocol – This is a system set up to try and help parties reach a settlement without having to go to court. It sets out a basic timeframe and outlines what each side should do. It is also called the ‘pre-action protocol’.
Pleadings – These are the documents setting out the claim or defence of parties involved in a claim.
Special damages – Part of personal injury compensation along with general damages. Special damages may include loss of earnings, cost of medical treatment, cost of travel to and from hospital and the cost of ongoing medical care, therapy and special accommodation.
Success fee – The amount of fees that your solicitor will receive from the third party if your claim is successful.
