Personal Injury Terms II

In this article we will complete the terminology most used in personal injury related cases. If you are in an accident, you will want to know what some of these terms are. One of the most common terms used in personal injury is damages, which is the remedy or monetary award received by way of compensation at the end of a claim for pain & suffering and consequential losses during arising from the matter. Disbursements are a term most of us have heard before and it relates to payments or disbursements made on your behalf by your solicitors. These include but are not limited to court fees, accident report fees, expert witness costs, solicitor’s traveling expenses and among others. In the majority of cases, these payments are recovered from the losing party in the case. Duty of Care is a term used in personal injury case trials, is very important, and has a wide legal meaning depending on the nature of the case. This is an obligation of care that a sensible person would have in circumstances when acting towards other or the public. If the actions are not made with care, attention, caution, and prudence, their actions are considered negligence. An examination is a common term used and following a claim for personal injury your must prove your case by supplying medical evidence to support your request for damages. An expert doctor following the examination provides this evidence and the report is used in the personal case. The term fast track in relation to a personal injury case is the English & Welch legal system that is split into three personal injury claims. The fast track system incorporates the vast majority of personal injury actions. General damages refer to an award made to compensate the claimant for pain & suffering and loss of amenity. The term industrial deafness is claims for possible injury occurring by the working environment, for example working in an environment that has very loud noises consistently. Interim payments is another term used in personal injury cases where payments are made early in the case before it is resolved and is deducted from the final award agreement. A letter of claim is the initial letter sent to the negligent party and sets out clearly on why the claim is being made, which is very important in a personal injury case. Any claimant under the age of 18 needs a litigation friend, which is a parent, or guardian pursues the case on the minor’s behalf. Legal Aid is a term that is generally, where an individual can obtain funding to pursue a claim. This funding is granted by the legal aid board and is based on the person’s means to pay. This is usually only used for medical negligence although there are some exceptions. A minor is a person under the age of 18 and must have a litigation friend in order to pursue a personal injury case. Negligence is a term most commonly used in personal injury cases. In order to claim personal injury another party must be in law responsible for the actions that led to the injury being sustained. Negligence involves breach of duty of care owed to you by the other party. The injury/loss must have been sustained as a direct result of the breach and it have been foreseeable that is could occur given the circumstances. Personal injury is a simple term given to pain & suffering caused by an individual and there is a huge area of law dedicated to this practice. The personal injury protocol is the court action protocol set out within the civil procedure rules to try and assist the parties reaching a negotiated settlement without having to issue court proceedings. It sets out basic timeframes and outlines the conduct expected from both sides involved in a case. A Part 36 offer is the mechanism introduced by the Woolf Reforms that enables both parties to make offers of settlement that might be considered binding if the, case ever made it to court. Quantum is a term that means the agreed value of any claim. The last term most commonly used is success fees, which is the costs award a solicitor is entitled to claim n successful no win no fee actions. This amount is effectively a bonus representing a percentage of costs (up to a max of 100%), which is usually paid by the responsible party. Some agreements can include deductions from compensation to cover the success fee.

Everyone should know some of the terminology used in personal injury cases just in case you are involved in an accident and need help. An experienced personal injury attorney will be able to discuss further what some of the terms used are in relation to your particular case. Consult with a personal injury lawyer if you are involved in an accident in order to protect your rights.  Our Tucson car accident lawyers and Tucson personal injury attorneys are on call 24 hours a day, 7 days a week to answer your questions.  (520) 461-1077.

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