Key terms within a Personal Injury claim

A personal injury claim can take time to resolve. During the process, you’ll come across legal terms and phrases that may be unfamiliar, making it harder to understand what’s happening and what comes next.

Knowing what these terms mean can help you feel more informed about your claim. We’ve explained some of the key terms below in plain English, following the alphabetical glossary in the original guide.

Claimant: The person bringing the claim after suffering an injury, damage or loss.

Defendant: The person or organisation alleged to have acted negligently or breached a duty of care, causing injury, damage or loss.

Expert: A professional who provides an independent opinion on matters within their expertise. This may include medical conditions, future care needs or the cause of an accident.

Occupier’s liability: The duty of care an occupier owes to people visiting their premises, including certain circumstances involving trespassers.

Vicarious liability / Employer’s liability: An employer may be liable for harm caused by an employee who fails to meet the required standard of care while acting in the course of their employment.

Causation: The claimant must show that the breach of a duty of care caused the injury, loss or damage. In simple terms, this asks whether the harm would have happened without the negligence.

Contributory negligence: When the claimant’s own failure to take reasonable care for their safety contributed to the injury, loss or damage.

Negligence: When a person or organisation falls below the standard of care expected of them.

Res ipsa loquitur: A Latin phrase meaning “the thing speaks for itself”. It may apply when the claimant can’t provide direct evidence of how an accident happened but can show that the harm would not ordinarily have occurred without negligence.

Compensation: A payment made to someone who has suffered injury, damage or loss because of another person’s actions or negligence.

General damages: Compensation for the pain, suffering and loss of amenity caused by an injury. Loss of amenity means the impact the injury has on your ability to enjoy everyday life.

Quantum: The monetary value of the compensation being sought in a claim.

Schedule of Loss: A document setting out the financial losses you’ve already experienced and those you expect to face in the future because of your injury.

Settlement: An agreement to resolve a claim, usually involving a payment of compensation.

Special damages: Compensation for specific financial losses caused by an injury. These may include lost earnings, property damage and other expenses.

After the Event Insurance: Insurance taken out after an incident to cover certain legal expenses, known as disbursements. The original guide explains that the premium is generally deducted from compensation if the claim succeeds and is usually not payable if it fails. The terms of the policy will determine what applies.

Claim Form: A legal document filed with the court to start formal court proceedings.

Conditional Fee Agreement: A way of funding a personal injury claim, commonly known as a “No Win, No Fee” agreement. The agreement sets out how legal fees will be handled if the claim succeeds or fails.

Disclosure: The process of exchanging relevant documents between the parties during a claim. These may include documents that support a party’s own case or affect another party’s case.

Letter of Claim: A letter sent to the defendant setting out the basis of the claim and the injury, loss or damage suffered.

Limitation: The legal time limit for bringing a claim. The deadline can vary depending on factors such as the claimant’s age and the circumstances of the incident.

Particulars of Claim: A detailed document setting out the facts of the claim, including the incident, the injuries and the basis on which the defendant is alleged to be responsible.

Medical evidence can play an important role in a personal injury claim. Depending on the nature of your injury, different specialists may be asked to assess your condition and explain how it affects your life.

Neurologist: A doctor who diagnoses and treats conditions affecting the brain, nerves and spinal cord.

Neuropsychiatrist: A specialist who assesses the relationship between neurological conditions and mental health, including aspects of mental capacity.

Neuropsychologist: A specialist who assesses brain function, including memory, attention and problem-solving, particularly following a brain injury.

Neuroradiologist: A specialist who interprets medical imaging, such as MRI and CT scans, to identify abnormalities affecting the brain, head, neck and spine.

Occupational Therapist: A professional who supports rehabilitation and helps people regain independence with everyday activities. They may recommend practical strategies, equipment or changes to the home environment.

The way your claim is funded can affect how legal costs are handled. Two terms in particular are worth understanding before you proceed.

Conditional Fee Agreement (No Win, No Fee): This agreement explains how your solicitor’s fees will be dealt with if your claim succeeds or doesn’t succeed. Any shortfall in costs will depend on the terms of the agreement.

After the Event Insurance: This may cover certain expenses incurred during your claim. The policy terms explain when the premium is payable and how it will be handled if your claim succeeds.

Your solicitor should explain the funding arrangements that apply to your claim, including any costs you may be responsible for, so you can make an informed decision.

You don’t need to know every legal term before starting a personal injury claim. However, understanding the language used throughout the process can help you follow what’s happening and feel more confident asking questions.

Every claim is different, and the terms that matter most will depend on your circumstances. If you’re unsure about a document, a time limit or how compensation is assessed, ask your solicitor to explain what it means for your claim.

At Fletchers, our team can help you understand the terminology and the options available to you. If you’ve suffered an injury and would like to discuss a potential claim, get in touch with our personal injury team.