Personal injury claims

In claims for compensation, it is often possible to secure payment of part of the award prior to the final settlement of the claim. These payments are generally called interim payments and can be important in providing day-to-day living expenses if the injured person cannot work, or for covering the cost of medical treatment.

Claims for damages are normally calculated in relation to those losses and expenses that occurred up to the time of the settlement of the claim or trial, and those that will occur after that date. The latter losses and expenses are referred to as the future loss. This may typically include claims for future loss of income and the cost of future care and accommodation.

This term is normally used to refer to the method by which a solicitor’s costs are to be paid. For example, funding by a conditional fee agreement or by legal expenses insurance.

An accident causing the death of one or more of those involved.

The term damages is normally used to refer to compensation that a person is entitled to receive. It is often divided between general damages for the injury suffered, and special damages, which are the other financial losses and expenses that relate to the accident and injury.

Claims for compensation normally rely on the common law of negligence. For example, a car driver owes a common law duty to other road users to drive carefully. In the event of an accident, however, often more than one person is at fault because they have been negligent. In those circumstances, the Court can apportion blame between those involved. This is most often expressed as a percentage. For example, if each party was equally to blame the apportionment of contributory negligence would be 50% to each party.

Agreements between a solicitor and client relating to the payment of the solicitors costs in order to fund your injury claim. The agreement will normally provide that the solicitor will work without payment from the client unless the solicitor is successful in recovering compensation for the client. At this point the solicitor would normally recover his fees from the losing party together with an additional ‘success fee’ for taking the risk of acting without payment in the first place. These agreements are often called no win no fee agreements.

Civil and criminal law is divided into that which arises from specific legislation, such as the Road Traffic Act 1988, and law that has arisen from the decisions of the courts over time. This latter type is known as the common law. Under the common law certain people owe a duty to others. For example, those who drive on the road owe a duty to other road users not to drive in a way that might cause injury to others.

Civil claims arise from disputes between individuals or companies which are resolved by the Courts. For example, somebody injured in a road accident may bring a claim for compensation against the individual who caused the accident. Such claims are dealt with by the Civil Courts as opposed to criminal matters such as drink-driving, theft, assault etc. which are dealt with by the criminal courts.