Glossary of Legal Terms in Personal Injury

Advice and assistance from Cohen Cramer

Admission of Liability – the Third Party Insurers admit responsibility for the accident.

After The Event (ATE) Insurance – this is an insurance policy that you may need to take out after your accident to protect you against an adverse costs order against you should your claim fail. The policy is self insuring so if your claim fails you do not have to pay for it.

Contributory negligence – when the injured party is in some way responsible for the accident occurring e.g neglecting to work the recognised protective clothing or for acting in such a way as to make the injury worse e.g. for not wearing a seatbelt and the level of damages is reduced by the agreed percentage.

Denial of Liability – the Third Party Insurers deny responsibility for the accident

General Damages – losses that cannot be valued in particular your injury but can include future financial losses that can only be estimated

No Win-No Fee – a method of funding your claim whereby if your claim is not successful you don’t have to pay for the work your solicitor has done on your behalf.

Pain, Suffering and Loss of Amenity (PSLA) – this is the catch-all title for the compensation for your injuries and the loss of enjoyment of your life while you are recovering from your injuries

Part 36 offer – a formal offer made by the third party’s representatives in relation to either the value of your claim and/or the extent of liability. Your solicitor will advise you as to whether to accept the offer as there can be costs consequences if the offer is refused and the matter is later settled on the same or worse terms than was originally offered.

Pre-med offer – your solicitor will normally obtain a medical report to value your claim however it is not unknown for Third Party Insurers to seek to settle a claim without a medical report. If you receive a part 36 offer then your solicitor will advise you as to whether you may wish to accept or not.

Statutory Bereavement Payment – this is the level of payment made to qualifying parties in relation to the death of a family member. Payment is currently set at £11,800.00.

Special Damages – financial losses that can be valued to the last penny such as lost income, excess on your vehicle, damaged clothing etc

Third Party – the person, business or organisation that we will be holding responsible for your injuries and losses

Third Party Insurers – the insurers of the person, business or organisation that we will be holding responsible for your injuries and losses