Plain-English definitions of common legal terms used in personal injury, industrial disease and medical negligence claims. This glossary is for general information only and does not constitute legal advice.
ClaimantThe person bringing the claim — the person who was injured or became ill.DefendantThe person or organisation being claimed against — for example, an employer, another driver, or a property owner.LiabilityLegal responsibility. To succeed in a claim, you must show that the defendant was liable — that is, legally responsible — for your injury.NegligenceA failure to take reasonable care that causes foreseeable harm to another person. To prove negligence, you must show: a duty of care existed; the defendant breached that duty; and the breach caused your injury.Duty of CareA legal obligation to take reasonable care to avoid causing harm. Employers owe employees a duty of care; drivers owe other road users a duty of care; healthcare providers owe patients a duty of care.Breach of DutyA failure to meet the required standard of care. The standard is usually what a reasonable person would have done in the same circumstances.CausationThe link between the defendant's negligence and your injury. You must show that the breach of duty caused (or materially contributed to) your injury.General DamagesCompensation for the injury itself — the pain, suffering and loss of amenity caused by the accident or illness.Special DamagesCompensation for specific financial losses caused by the injury, such as lost earnings, medical expenses, care costs and travel.Loss of AmenityThe reduction in your ability to enjoy life and activities as a result of your injuries.QuantumThe value of a claim — the total amount of compensation to which the claimant is entitled.Limitation PeriodThe time limit within which a legal claim must be brought. For most personal injury claims, this is three years.Date of KnowledgeThe date on which the claimant first knew (or ought reasonably to have known) that they had suffered a significant injury caused by another party's negligence. For industrial diseases, the limitation period runs from this date.Conditional Fee Agreement (CFA)A no win, no fee funding arrangement. If the claim is unsuccessful, the claimant usually pays no solicitor's fees. If successful, a success fee is deducted from the compensation.Success FeeA percentage uplift on solicitor's fees payable if a claim succeeds under a CFA. It is capped at 25% of certain elements of damages.After-the-Event (ATE) InsuranceInsurance taken out after an event (the accident) that covers costs if the claim is unsuccessful.Letter of ClaimA formal letter sent to the defendant setting out the basis of the claim and the losses suffered. It formally notifies the defendant and triggers the pre-action protocol.Pre-Action ProtocolRules governing how parties should behave before issuing court proceedings. Designed to encourage early settlement and proportionate conduct.Part 36 OfferA formal offer to settle made under Part 36 of the Civil Procedure Rules. It has specific cost consequences if accepted or rejected and the matter goes to trial.Contributory NegligenceWhere the claimant contributed to their own injury through their own fault. Compensation is reduced by a percentage reflecting the claimant's share of responsibility.Schedule of LossA document setting out all the heads of damage claimed — both general and special damages — with supporting calculations.Medical ReportA report from an independent medical expert assessing the claimant's injuries, causation and prognosis.PrognosisA medical opinion on the likely course and outcome of an injury or illness.Interim PaymentA payment made by the defendant before the final settlement of a claim, where liability has been admitted or is clear. Used where the claimant has immediate financial needs.Periodical Payment Order (PPO)An order for compensation to be paid as regular ongoing payments rather than a lump sum. Used in high-value cases involving ongoing care needs.Vicarious LiabilityWhere an employer is held legally responsible for the negligent acts of its employees carried out in the course of their employment.Employers' LiabilityThe legal obligation on employers to protect their employees from injury and illness at work. Employers must hold Employers' Liability insurance by law.RIDDORReporting of Injuries, Diseases and Dangerous Occurrences Regulations. Requires certain workplace accidents and diseases to be reported to the Health and Safety Executive.Breach of Statutory DutyA claim based on the defendant's failure to comply with a statutory (legal) duty — such as health and safety regulations — that was designed to protect persons in the claimant's position.MesotheliomaA cancer of the lining of the lungs or abdomen, primarily caused by exposure to asbestos. It typically arises many decades after exposure.HAVS (Hand-Arm Vibration Syndrome)A condition caused by regular use of vibrating tools and equipment. Symptoms include vibration white finger, tingling and numbness.NIHL (Noise-Induced Hearing Loss)Hearing loss caused by exposure to excessive noise in the workplace. Also called industrial deafness.Clinical NegligenceAnother term for medical negligence — substandard care provided by healthcare professionals that causes avoidable harm.