Understanding the Legal Terms

Many people are put off making a personal accident compensation claim because of the perceived complexity of the language used in a court room; for many, this jargon can be off-putting and very confusing. Below are some of the legal phrases that you would be likely to encounter when making a personal accident compensation claim, with clear explanations for their usage:

  • Causation – this is a legal term in the UK that means a a negligent act must have caused an injury to somebody in order for any compensation to be claimed.
  • Case Law – these are laws that have been established over a period of time through various court cases; these laws are formed by precedent (the decisions that have been made on similar cases beforehand).
  • Allocation hearing – this is a special hearing where both parties in a claim present their case in front of a judge, in order for them to decide which track a claim should proceed under.
  • Charge Rate – this is the hourly fee that a solicitor or case-worker will charge their client, should they decided to undertake any work offered by them.
  • CICA – this is the Criminal Injuries Compensation Authority.
  • CICAP – this is the Criminal Injuries Compensation Appeals Panel.
  • Conditional Fee Arrangement – this is sometime used to refer to a 'no win, no fee' deal.
  • Future lost income – this is included in a personal accident compensation claim; it factors in and accounts for any future loss of income that a victim may have suffered.
  • General Damages – this includes money that is owed to a victim for pain and suffering.
  • Issue Proceedings – this means to issue a case at court.
  • Liability – this means to determine who is legally responsible for the accident in question.
  • Negligence -  this means a fault or error on a somebody's behalf in law.

When processing a personal accident compensation claim, it is worth remembering that not every single claim makes it all the way through the court system; sometimes the defendant will attempt to settle the matter outside of court by suggesting a 'Part 36 Offer' – this is a formal offer for settlement of  claim which usually stays open for a period of 21 days.