The process of claiming monetary compensation for any injury or loss that you may have suffered as a result of an accident that was not your fault.
Insurance cover that is taken out to cover potential legal costs arising from accident, disease or other events after the problem arises. See also Before the Event (BTE) Insurance.
A mineral that can be made into a material that is resilient to heat, electrical and chemical damage and has good sound absorbing qualities. As a result it was extremely popular as a building material and for use in electrical applications before it was discovered that it can cause severe health problems.
Exposure to asbestos can cause many different disabling lung diseases including a deadly form of cancer called mesothelioma.
A chronic medical condition affecting the lungs caused by the inhalation and retention of asbestos fibres. Sufferers can experience severe shortness of breath and have increased risk of lung cancer, especially mesothelioma.
Asthma is a common chronic inflammatory disease of the airways. Symptons include chest tightness, wheezing, coughing and shortness of breath. Asthma can be brought on by exposure to and inhalation of harmful chemicals, dusts, gases or substances.
Any substance that is known to cause asthma.
A specialist lawyer specialising in representing clients in court, drafting legal documents and giving expert legal opinions.
Insurance cover that is taken out to cover potential legal costs arising from accidents, diseases or other events before the problem arises. See also After the Event (ATE) Insurance.
A substance that is directly involved in causing cancer.
A case management conference is a court hearing to decide issues that the parties cannot agree upon. They can take place at any time after court proceedings have been issued until it reaches trial. A case management conference may take place to agree directions (next steps), to appoint an expert in a case, to discuss evidence and so on. Your lawyer will usually represent you so it is unlikely you will need to attend in person, although you may be involved via the telephone.
The purpose of the conference is to bring an issue to a head, so they sometimes result in one party making an offer to settle. If accepted this will bring your case to a conclusion before it reaches trial.
The process of claiming damages for any injury or loss that you may have suffered.
The party making a claim in the Courts.
The form used to commence proceedings in the High Court or the County Court.
A sum of money paid to make amends for causing loss, injury or inconvenience.
This is commonly called a ‘no win no fee’ agreement. At the beginning of the case you agree with your solicitor that if your case is not successful then they will not charge you for their work. There may be other costs that will have to be paid, such as the other party’s costs and any third party disbursement costs. These costs can (and should) be covered by the client taking out an insurance policy.
This is an additional type of damages that could be claimed if you have a job that provides you with particular satisfaction that you can no longer pursue as a result of an accident or injury. Examples of jobs that someone might consider congenial might be those they have specifically trained to do, such as a vocational profession like a teacher, a doctor or a fire fighter or something that required them to develop a particular skill set in order to pursue, such as a professional sportsman.
All parties (except clients without lawyers) must file with the court and exchange with the other parties costs budgets in which they must provide an estimate of the costs that are likely to be incurred at each stage in the litigation process. The budgets must be filed with the parties directions questionnaire or 21 days before the first case management conference. The budget must be verified by a statement of truth.
A costs management conference is any court hearing which is convened solely for the purpose of costs management, for example, to approve a revised budget (all parties, with the exception of clients without lawyers, have to file and exchange budgets setting out their estimated costs for each stage in the proceedings). They are normally conducted by your lawyer via telephone or in person.
A claim made by a defendant in response to a claim. The full details of the defendant’s opposition to the claim and their own claim against the claimant in response should be set out on the defence form, which would have been sent by the court with the original claim.
Charges made by the court. There is a fee for issuing a claim, based on the potential value of the claim, plus additional charges for applications made at various stages during the claim. Both sides will incur court fees (and other costs) and the losing party has to pay all reasonable fees (and other costs) unless otherwise directed by the court.
A government organisation that pays compensation to people who have been physically or mentally injured because they were the blameless victim of a violent crime.
Another term for compensation.
Industrial dermatitis is an inflammatory reaction of the skin caused (or aggravated) by regular contact with irritant substances, such as cleaning materials, cement dust or pesticides, in the course of employment.
This is a fee that a solicitor has to pay to someone on your behalf, for instance a payment for a medical report or an expert’s opinion.
The mutual exchange of evidence and all relevant information held by each party relating to the case.
A person who gives evidence on a subject based on their expertise in that field.
A term for the process of sending or handing documents to the court. For instance, when a claim form is sent to the court it is referred to as having been filed.
The hearing following which the judge will make a decision on the claim.
Money paid to compensate for pain and suffering, disability or reduction in quality of life as a consequence of injuries suffered. Also referred to as Pain, Suffering and Loss of Amenity (PSLA). (see also special damages)
A sum of money paid in part settlement of a claim. If the defendant admits blame early on then they may send a payment to help the claimant in certain circumstances, for instance if the claimant’s car has been written off and they need a replacement to get to work.
Another term for barrister.
A type of insurance which covers the holder against the potential costs of legal action brought against them. The two main forms of insurance policy are after the event (ATE) and before the event (BTE).
There is a time limit within which any claim for compensation must be brought. This is known as the limitation period. In personal injury matters this period is either three years from the date of the accident or incident giving rise to the claim or three years from the date of knowledge.
The date of knowledge is when the claimant first had knowledge of the following:
and if it is alleged that the injury was caused by someone other than the defendant
For children the three year period begins on the date of their eighteenth birthday.
A right to be heard in court.
A claim for loss of wages as a result of injury or disease suffered at the fault of another.
Mesothelioma is a form of asbestos related cancer.
The MIB was established in 1946 to compensate people injured in road traffic accidents where the driver causing the accident either cannot be found or is uninsured.
Failure to fulfil a duty of care not to cause an accident or disease.
A Part 36 Offer is an attempt to set out terms which will bring the claim to a conclusion. It is made under Part 36 of the Civil Procedure Rules, hence the name. Such an offer can be put forward by either the claimant or defendant.
The date of expiry of the offer is normally 21 days.
If the party receiving the offer refuses it and later fails to beat the offer in court, they may be instructed to pay the legal costs of the offering party from the date that the offer was made.
This is a document setting out what claims are being made against the defendant and what remedies are sought.
Pleural plaques are localised scars that form as a result of exposure to asbestos. Normally, pleural plaque is found in the parietal pleura (on the inside of the diaphragm), but in very rare cases they also can be found near the ribcage. They may not necessarily cause any disability in themselves but are indicative of asbestos exposure and that some more serious asbestos related disease may develop.
Pleural plaques in isolation are not currently compensatable.
Inflammation and scarring caused by asbestos exposure which can cause breathing restriction and loss of lung function. It can progress and become disabling. There is also an increased risk of contracting the deadly asbestos cancer called mesothelioma.
A checklist completed before the trial to remind the Judge and the parties of the issues to be determined. The checklist will then be reviewed at a pre-trial review.
A meeting shortly before the final hearing at which the Judge considers the issues before finalising the final hearing date.
A range of painful conditions of the muscles, tendons and other soft tissues caused by repetitive use of part of the body.
Term covering accidents involving motor vehicles, pedal cycles and other road users as well as injuries to pedestrians.
A list setting out all the special damages for which compensation is claimed.
Money paid to cover past and future out-of-pocket costs, such as loss of earnings, damage to a vehicle, medication, clothing, travel costs, etc. (see also general damages)
A document which requires a person to do something. For instance a subpoena may be issued to require a person to attend a trial as a witness.
Compulsory vehicle insurance to cover people other than the insured when an accident occurs, e.g. passengers, other road users and pedestrians.
A buzzing in the ears as a result of deafness or hearing damage. Tinnitus is not a disease but a symptom with a number of causes. The common causes are age related, trauma or noise induced, for instance exposure to loud noises without protection.
A condition which affects the blood vessels, nerves, muscles and joints of the hand, wrist and arm. It is caused by prolonged use of vibrating hand held machinery.
A signed written statement summarising the oral (spoken) evidence that a witness would, if called, give at trial.
If you would like to know more about making a compensation claim for a personal injury then please contact Simon, James (Jim) or James for free confidential advice on 01752 668246, or if you prefer simply click here to arrange your free initial compensation claim meeting.