Definitions and explanations of terms commonly associated with making a Personal Injury claim in the UK.

Advocacy

Advocacy is the official term for when a solicitor or barrister acts on the behalf of a client in a court of law.

Barrister

A barrister is a member of the legal profession who specialises in representing clients in court.

Burden of Proof

In Personal Injury claims the burden of proof rests with the claimant. It is up to the person making the claim to prove that the alleged responsible party was at fault for the injuries caused.

Claim

A claim occurs when a person demands financial compensation for injuries that have been suffered and for any subsequent loses e.g. loss of earnings etc

Counter Claim

A fairly uncommon situation in personal injury cases where the defendant (person being held liable) makes their own claim against the injured party in response to their legal action.

Damages

The financial reward received by a person who has made a successful personal injury claim.

Duty of Care

Duty of Care is a person’s responsibility to act in a way that is not likely to cause harm to others. If the actions of an individual or group are not made with due care and attention their actions are considered negligent.

Fast Track

In the English and Welsh legal system fast track cases are claims for compensation of between £1000 and £15000. The majority of personal injury claims are covered by the fast track system.

Interim Payments

In some personal injury cases a proportion of the damages may be paid out before the claim is officially settled. These interim payments are deducted from the final amount of compensation awarded.

Legal Aid

Legal Aid is a public fund that enables people to use legal services that they would otherwise have been unable to afford.

Negligence

Negligence occurs when there has been judged to have been a breech in a person’s duty of care. For a successful personal injury claim the claimant must prove that their injuries were caused as a result of the negligence of the defendant.

No Win No Fee

A legal system that forms the basis of the majority of personal injury claims in which if the injured party is not successful in
their claim then they will not be asked to pay any legal fees.

Solicitor

A solicitor is a qualified individual that provides a range of legal advice to clients in the UK.

Success Fees

The fee that a solicitor is entitled to claim if they are successful in a personal injury case.


JMS Personal Injury Solicitors are based in Manchester, UK. JMS Solicitors offer a range of legal services relating to conveyancing and all aspects of family law and divorce.