Fortunately, most personal injury claims are settled amicably in advance of the case needing to reach court.

If your case does happen to reach court, then you will of course come across a great deal of personal injury legal jargon.

With that said, regardless of whether your claim reaches court or not, you’re still likely to come across a lot of legal industry jargon in the conversations and paperwork you receive from the solicitors working on your case and any content that you read, watch or listen to while doing your own research.

To help you understand what many of these legal phrases mean, we’ve put together this A-to-Z personal injury claim legal jargon buster below.

Your A-to-Z personal injury claim legal jargon buster

Admission of liability - This is when the defendant, or their insurer, admit and accept that they were at fault for the accident.

After-the-Event Insurance (ATE) - This is a policy that can be taken out to cover legal costs should the claim be unsuccessful.

Application - This is a court form that is prepared by a solicitor whenever a request for something is made.

Asbestos - This is a rock mineral that was used during the build of many properties prior to 2000. Exposure to asbestos can lead to a form of lung cancer called mesothelioma.

Barrister - This is a legal representative who prepares court documents for a case and represents the claimant should the case reach court. A barrister typically specialises in a specific area of law.

Breach of duty - This is when someone fails to perform a duty that is required by law.

Burden of proof - This is an obligation that is put on a claimant to prove their case.

Claimant - This is the person who is seeking the compensation.

Claim Form - This is a legal document that is submitted to the court when issuing proceedings.

Causation - This is the relationship between the accident and the injuries sustained. A claimant will have to prove “causation” in order for their claim to be successful.

Clinical Negligence - This term describes the breach of duty by a trained professional, such as a doctor, dentist, or other health professional. It is also often called medical negligence. Learn more about clinical negligence.

Conditional Fee Agreement (CFA) - This is a no-win no-fee agreement.

Contributory negligence - This is when the claimant is partially responsible for the injury that they have suffered.

Correspondence - This relates to all communication that takes place between parties, such as letters, e-mails, telephone calls etc.

Counsel - This is a formal term for a barrister.

Criminal Injuries Compensation Authority (CICA) - This is a government organisation who compensates victims for injuries they have suffered from acts of violent crime.

Damages - This describes any compensation that is received by the claimant in a case.

Defence - This is the formal statement made by the defendant and their legal team in response to the claimant’s version of events.

Defendant - This is the party who the legal action is being brought against. It could be an individual or a company/organisation.

Directions - This is a timetable that the court provides giving instructions as to how the claim will progress.

Disclosure - This is the process of revealing documents to the other party.

Duty of care - This a requirement that a person or company/organisation has when it comes to behaving in a certain way so as to avoid acts or omissions that could cause harm.

Evidence - This is used to prove an argument for or against the claim.

Expert - This is someone who specialises in a certain field, such as a practicing doctor being classified as a medical expert.

Fees - The amount that is paid to cover legal services.

Funding - The way in which the claim is paid for. This is often through a Conditional Fee Agreement in personal injury claim cases.

General Damages - This is a term used to describe the compensation for the claimant’s injuries only.

Inquest - This is the investigation that takes place into the cause of an unexpected death.

Interim Payment - This is a certain amount of compensation that the defendant pays to the claimant before a claim has been fully settled, such as payment for treatment.

Issuing Proceedings - This is when a claim form has been sent to the court to escalate the claim due to other attempts to settle the claim proving unsuccessful.

Judgment - This is the decision that is made by the court.

Legal Expenses Insurance - This is an insurance policy that covers someone against the legal costs that are involved in bringing a claim against another party.

Letter of claim - This is the first letter that is sent to the defendant informing them about the claim.

Liability - This is a legal obligation or responsibility that someone has, including companies and organisations.

Limited period - This is the specific time limit in place for bringing a claim. Personal injury claims generally need to be made within 3 years from the date of the accident, though this can differ in certain circumstances.

Litigation - This is term used when a case is taken to court.

Litigation Friend - This is someone who acts on behalf of someone incapable of bringing about their own claim, such as a minor under the age of 18 or a person who doesn’t have capacity.

Loss of earnings - This term alludes to a claim for unpaid time off work as a result of the injuries that were sustained from the accident. This can also include income from the likes of overtime and expected bonuses.

Mesothelioma - This is a cancer of mesothelial tissue which is found in the lungs, abdomen, heart and testes. It is the form of cancer that is often associated with exposure to asbestos.

Minor - This is the term used to refer to someone who is under the age of 18.

Motor Insurance Bureau (MIB) - This is a government scheme that’s in place to help compensate victims who suffer injury through road traffic accidents where the defendant is either uninsured or untraceable.

Negligence - This is when a person, company or organisation fails to act in a reasonable and expected way in a given situation as per their duty of care.

Occupational disease - This is when a person contracts an illness in the workplace.

Part 36 Offer - This is when an offer of payment is made by the defendant or claimant to settle all or some of the claim.

Particulars of Claim - This is the document that is submitted to the court which outlines the basis of the claim.

Product Liability -  This is when a manufacturer or seller are to blame for the injury caused by their product being defective.

Prognosis - This is the period of time during which the person who is injured is expected to make a full recovery, or to recover as well as can be expected. This time period is generally reported by the appointed medical expert treating the injured.

Protective Proceedings - This is when a claim is prevented from being “time barred”. For example, if a claim is nearing the “limited period” of time in which it must be brought, a party can issue proceedings protectively.

Quantum - This is the value of the case.

Remuneration - This is compensation, typically in the form of a financial award to the claimant.

RTA - This is an acronym for Road Traffic Accident.

Settlement - This is the agreement of compensation to bring about an end to the claim.

Schedule of Special Damages - This is a document that is submitted to the court outlining the financial losses suffered following the accident.

Special Damages - This is compensation for financial losses that are suffered, such as loss of earnings or medical expenses.

Solicitors Regulation Authority (SRA) - This is an organisation that ensures solicitors work to a high standard of practice.

Statement of Case - This is any of a number of formal documents that are prepared for the case, such as a Particulars of Claim document or Defence document.

Statement of Truth - This is a signed statement that can be found at the bottom of court documents. Whoever signs the document must hold a full belief that the facts in the document are true.

Stay of proceedings - This is a ruling whereby the matters at court are paused while parties undertake tasks.

Success Fee - This is the payment to be made to a solicitor when the case is won. This is a percentage of the settlement and can be no more than 25%.

Time barred - This is when the “limited period” for bringing a claim has ended and it’s no longer possible to claim in relation to the specific incident.

Trial - This is when a claim proceeds to court and a judge decides on liability and/or compensation.

Vicarious liability - This is when someone is responsible for another person’s actions, such as when an employer is responsible for the actions of their employee.

Witness - This is a person who is able to provide a first-hand statement about what they happened to see, hear or experience in relation to the case.

Witness statement - This is a formal statement that is given by a witness to the case.

Witness Summons - This is a document that is sent to a witness which requires them to legally attend court to give evidence.

Here at Fonseca Law, we offer expert legal advice for anyone who is seeking to claim compensation for a personal injury. Don’t hesitate to reach out so that we can discuss your case in detail and so that we can tell you more about exactly how we can help. Contact our team of solicitors by calling 01495 303124, e-mailing enquiries@fonsecalaw.co.uk or by completing our online contact form.