FAQ and Glossary of Terms
Personal Injury: Frequently Asked Questions
How long will my case take?
The length of your claim will depend on a number of factors such as whether your opponent admits liability or how long your injuries take to settle.
If your opponent admits liability at an early stage, we would hope to conclude your claim within 12-18 months. We cannot however conclude your claim until your injuries have settled. If your claim was concluded before your injuries had settled, you could not re-open your claim if your injuries became worse or did not improve.
How much money will I get?
Compensation in personal injury is divided into an award for the injury ‘general damages’ and an award for your financial losses ‘special damages’.
Award for injuries are based on a report from a medical expert and guidelines issued to the Court.
In addition to this you can claim for out-of pocket expenses that you can prove were caused by your accident. Please therefore keep all your receipts for things such as travel and medication, as well as wage slips, which show your loss of earnings.
How much will it cost me?
We offer our clients a no-win no-fee agreement. This means that if you lose your claim, we do not get paid our legal fees. If you win your claim, we claim our fees from your opponent.
The only expenses that we ask you to pay are the monies we must pay to other people in order to prepare your claim. Examples include fees paid to hospitals and GPs for your medical records. We would not incur these fees without your prior authority and indeed would not normally advise you to incur these expenses unless and until your opponent admits liability for the accident, or there is sufficient evidence for us to advise you that you have good prospects of succeeding in your claim. If you win your claim, we will recover these expenses for you, from your opponent.
Will I have to go to Court?
The vast majority of claims never go to Court. If your opponent admits liability at an early stage, it is highly unlikely that you will have to go to Court.
If, however, your opponent does not admit liability and we advise you that you have a good chance of succeeding with your claim, you will have to start Court proceedings and prove your claim against your opponent.
Will my case be handled by a solicitor?
Yes. Our department is staffed by fully qualified solicitors who are also members of the Association of Personal Injury Lawyers. Your solicitor will handle your case although there may be times when the solicitor asks an assistant to carry out some specific tasks during the conduct of your claim.
Will I get to see my solicitor?
Yes you will get the opportunity to meet us face to face.
Personal Injury Glossary of Terms
| After-the-event Insurance | an insurance policy taken out after an accident to fund a claim for compensation (see also Litigation Insurance) |
| Civil Procedure Rules | the rules governing the process of handling a claim in court |
| Claimant | the injured person who makes a claim for compensation |
| Collective Conditional Fee Agreement | funding arrangement for union client |
| Conditional Fee Agreements | funding arrangement also referred to as "no win no fee" for private client |
| Contributory Negligence | the reduction of damages to reflect the extent to which the claimant is responsible for his or her injuries |
| Compensation Recovery Unit (CRU) | government department which deals with the payment of welfare benefit |
| Court Funds Office | the court office administering damages |
| Criminal Injuries Compensation Authority (CICA) | a government funded scheme which enables victims of crime to claim compensation for their injuries |
| Damages | compensation consisting of general damages and special damage |
| Defendant | the party against whom a claim for compensation is mad |
| Disbursements | expenses incurred in a claim, e.g. court fees, medical report |
| Disbursement Funding Scheme | a credit agreement which funds disbursements |
| Fast Track Claim | a claim where damages do not exceed £15,000 |
| General Damages | compensation for injuries |
| Incapacity Benefit | benefit paid after the first 28 weeks of sickness |
| Industrial Injuries Disablement | benefit paid to an employee who has been injured at work |
| Interim Payment | damages received by a claimant before the claim is concluded |
| Legal Expenses Insurance | insurance policy available through household and contents insurance and credit card facilities to fund a claim for compensation |
| Liability | legal responsibility for an accident |
| Limitation | the time limit within which a claim must be issued |
| Litigation Friend | person appointed to deal with a claim on behalf of a minor or a person under a disability |
| Litigation Insurance | an insurance policy which protects against the risk of paying the defendant's legal costs (see also after-the-event insurance) |
| Minor | a claimant under the age of 18 |
| Motor Insurers' Bureau (MIB) | a scheme funded by the insurance industry which enables persons injured by uninsured or untraced drivers to receive compensation for their injuries |
| Multi Track Claim | a claim where damages exceed £15,000 |
| Part 36 Offer | an offer to settle a claim made by either the claimant or the defendant |
| Personal Injury Pre-Action Protocol | the procedure governing the conduct of a personal injury claim before it is issued at court |
| Rehabilitation | treatment programme to aid recovery and return to work |
| Settlement | agreement for the defendant to pay the claimant damage |
| Small Claim | a claim where general damages do not exceed £1,000 and the claimant is not entitled to his legal costs |
| Special Damages | compensation for financial losses and expenses |
| Statutory Sick Pay (SSP) | a benefit paid by the employer for the first 28 weeks of sickness |
| Success Fee | percentage of increase on claimant's solicitor's legal costs paid by the defendant |
| Welfare Benefits | benefits paid to an injured person e.g. Incapacity Benefit and Industrial Injuries Disablement Benefit |
We are also happy to talk to you over the phone on 01895 207 835 or 01895 207 295 if you have any questions or concerns, or you can drop us an email, PI@ibblaw.co.uk.
If you want to enquire about making a claim, please contact a member of our team on 01895 207 835 or 01895 207 295. Alternatively, you can send an email with your name and contact information and brief details as to the nature of the accident/clinical negligence and the injuries sustained to PI@ibblaw.co.uk and one of our team will be able to help you.
