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Jargon buster – personal injury claims

By z4027672030, Jan 8 2016 09:14AM

As a follow-up to our previous jargon buster which tackling tricky legal terms concerning wills, this time we have decided to define several of the terms you may encounter if you decide to go ahead with a personal injury claim. Below are just some of the terms you may come across:

Claimant – the person claiming for compensation.

Conditional fee agreement – an agreement drawn up between the client and the solicitor prior to the case being taken on.

Contributory negligence – where the other party accepts partial responsibility for your injury, leading to a percentage of blame which could go for or against you.

Counsel’s opinion – advice given to a solicitor by a barrister, normally concerning whether a claim has merit.

Disbursements - sums paid for necessary expenses which may crop up during your claims, such as for medical reports and barrister’s fees.

Employer’s liability – when an employer is liable to pay damages to employees for injuries sustained in the workplace if liability is successfully established.

Fast track – a system used by the courts in order to bring the majority of personal injury cases through the courts as quickly as possible.

Future losses – losses likely to continue for the foreseeable future as a result of your accident.

General damages – the monetary value attributed to the suffering you underwent as a result of your accident, set out in a medical report.

Liability – whether the other party are to blame or not for your accident and injuries. This can be accepted or denied by the other party.

Limitation – the period of time given to settle the claim or issue court proceedings following the accident, which in the case of personal injury is 3 years. For under 18s, the limitation period instead expires on that person’s 21st birthday.

Negligence – whether someone’s lack of care has resulted in your personal injury.

Special damages – additional expenditure that you may also wish to be compensated for, for example, cost of home care, medication expenses or loss of earnings.

Third party – the party considered to be at fault for the injury. There may be more than one third party – for instance, if there has been a collision of multiple vehicles.

If you would like further help with your personal injury claim, feel free to get in touch with us here at Taylors Solicitors, a friendly team of solicitors in Devon who offer an efficient and professional service.

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