Personal Injury Glossary

Accident at work

An injury that occurs while carrying out work-related duties. This can include injuries caused by unsafe equipment, lack of training, poor supervision, unsafe premises or inadequate health and safety procedures.

Admission of liability

When the party responsible for an accident accepts responsibility for causing the injury. This can help speed up the claim process but is not required for a claim to start.

Burden of proof

The requirement to show that an injury was caused by someone else’s actions or failure to act. In personal or serious injury claims, this is based on evidence rather than absolute certainty.

Claimant

The person who has suffered an injury and is seeking compensation.

Clinical negligence

Another term for medical negligence. It refers to injury caused by substandard medical care provided by a healthcare professional or organisation.

Compensation

Money awarded to reflect the physical, psychological, and financial impact of an injury. Compensation can include both injury-related harm and financial losses.

Conditional fee agreement

The formal legal term for a No Win No Fee agreement. It sets out how legal fees may be handled depending on whether a claim succeeds.

Contributory negligence

A situation where the injured person is found to be partly responsible for the accident. Compensation may still be awarded but can be reduced to reflect shared responsibility.

Damages

The legal term used to describe compensation awarded in a personal injury claim. Damages are usually divided into general damages and special damages.

Date of knowledge

The date when a person first became aware, or reasonably should have become aware, that their injury was caused by negligence. This is especially important in industrial disease and delayed injury cases.

Defendant

The person, organisation or insurer alleged to be responsible for the injury.

Evidence

Information used to support a claim, such as medical records, accident reports, photographs, CCTV footage, witness statements and expert opinions.

General damages

Compensation awarded for pain, suffering and loss of enjoyment of life. This includes both physical and psychological injuries.

Industrial disease

A condition caused by workplace exposure over time, such as hearing loss, respiratory illness, vibration-related injuries or repetitive strain injuries.

Interim payment

A partial payment of compensation that may be made before a claim is fully resolved. Interim payments are sometimes used to help with urgent financial needs.

Liability

Legal responsibility for an accident or injury. Establishing liability means showing that another party owed a duty of care and failed to meet it.

Litigation

The formal legal process of resolving a dispute. Most personal injury claims are settled without full litigation.

Medical assessment

An examination carried out by an independent medical professional to assess injuries, recovery time, and any long-term or psychological effects.

Medical negligence

Injury caused by substandard medical care, such as misdiagnosis, delayed treatment, surgical errors, or medication mistakes.

Mitigation of loss

The expectation that an injured person takes reasonable steps to limit the impact of their injury, such as attending medical appointments or following treatment advice.

No Win No Fee

A funding arrangement where legal fees are usually only payable if a claim succeeds. If the claim does not succeed, legal fees are generally not charged.

Occupational illness

Another term for industrial disease. It refers to illnesses caused by working conditions or long-term exposure at work.

Part 36 offer

A formal offer made to settle a claim under specific legal rules. Accepting or rejecting such an offer can affect how a claim progresses.

Psychological injury

Mental health conditions caused by an accident or injury, such as anxiety, depression, adjustment disorder or post-traumatic stress disorder.

Quantum

The value of a personal injury claim. This refers to how much compensation may be awarded rather than whether the claim succeeds.

Rehabilitation

Support and treatment aimed at helping an injured person recover function, independence, and quality of life following an injury.

Road traffic accident

An accident involving a vehicle, including incidents affecting drivers, passengers, cyclists, pedestrians and motorcyclists.

Settlement

An agreement reached between parties to resolve a claim without going to court. Most personal injury claims are settled in this way.

Special damages

Compensation for financial losses caused by an injury. This can include loss of earnings, medical expenses, travel costs, care needs, and future losses.

Statute of limitations

Another term for the legal time limit for starting a claim. In most UK personal injury cases, this is three years, although exceptions apply.

Vicarious liability

When an organisation is held responsible for the actions of its employees, such as an employer being responsible for an accident caused by a worker.

Witness statement

A written account from someone who saw the accident or can confirm relevant events. Witness statements can help support a claim.