Personal Injury Terms
Under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim forward. If the fault of the other party can be proved, the injured party may be entitled to claim for compensation from that party.
Asbestos is a set of minerals; they are long and thin fibrous crystals that have excellent heat and cold resistance. The inhalation of these can cause serious illnesses. Asbestos is very dangerous and can cause many different illnesses including lung cancer and a deadly cancer known as mesothelioma (see below).
Asbestosis is a lung disease caused by the inhalation of significant quanitites of asbestos fibres. It can cause problems with your breathing. (see above)
Industrial asthma is caused by exposure to and inhalation of harmful chemicals, dusts, gases or substances that cause breathing problems.
Asthmagen is a chemical substance which can cause propensity to cause Asthma.
ATE (after the event Insurance)
ATE is a type of insurance that protects a Solicitor’s client when or after that person becomes aware of a claim. The insurance covers a client for legal fees when the claim in unsuccessful.
Breach of Statutory Duty
You are known to have breached a statutory duty by failure to comply with your legal responsibilities or breached any duty in an Act or Regulations.
BTE (before the event) insurance
BTE is an insurance taken out to provide you with cover for the cost for legal fees involved in litigation. This type of insurance is usually attached to household or car insurance policies, credit cards or other insurance or financial arrangements which can cover you for personal injury claims.
The Criminal Injuries Compensation Scheme is governed by The Criminal Injuries Compensation Act 1995.
Criminal injury means one or more injuries directly attributable to a crime of violence. It can also include the apprehension or attempted apprehension of an offender or suspected offender, the prevention or attempted prevention of an offence, or the giving of help to any police officer who is engaged in any such activity and in so doing involves an exceptional risk
The Criminal Injuries Compensation Appeal Panel.
A claim is a process of seeking damages or compensation for an accident or injury that wasn’t your fault or to claim for any loss you have sustained.
Fully comprehensive cover: The highest level of cover:-
Cover to include theft of your car and fire damage caused to it by vandalism or mechanical failure, and also includes damages to your own car in an accident, even if you are to blame.
It applies where a claimant has, through his own negligence, contributed to the harm he or she suffered, where another party is responsible for the injury but where the victim is also partly responsible for causing the accident through their own actions.
Conditional Fee Agreement
This can also be known as a “no win no fee” agreement. This entails the solicitor agreeing with their client that if the case is unsuccessful, the solicitor will not recover from the client any legal costs for the work done, however disbursements (see below) may need to be paid, if any. Insurance is taken out to cover these costs. If the claim is successful, the other party is liable to contribute to the costs in the case and we guarentee that you will keep 75% of the compensation awarded to you.
The solicitor’s VAT and other expenses such as court fees and medical report fees necessary to run and prove the legal case.
Both parties to a claim will incur court fees and the unsuccessful party may have to pay all these fees.
Financial compensation for injury or loss.
Damage to the ears causing hearing difficulties. If this has been caused by exposure to noise at work you may be able to claim.
Dermatitis is a form of skin disease where the skin becomes inflamed having been exposed to chemicals.
The additional fees charged by doctors and experts involved in the case including medical report fees, engineer feesand counsel’s fees.
Including legal fees and disbursements which consist of charges raised by your solicitor for the work they have done on your behalf.
Disbursements are the additional fees charged by doctors and experts. Court fees also come under disbursements.
Insurance is usually recommended to you at this stage. Please see above ATE and BTE
General damages is money paid to you to compensate for pain, suffering and loss of amenity.
If the person who was at fault admits liability, it is possible to obtain an interim hearing payment on account of the damages that you may be awarded. This payment may include loss of earnings or medical treatment costs.
There is a limitation period for bringing a claim to the court. Time runs from the date of the accident happened, or the onset date of a disease.
The limitation period is 3 years.
Loss of Earnings
If an accident or disease has resulted in loss of earnings of salary, it may be possible to recover these costs.
Mesothelioma is a deadly form of asbestos related cancer that can be caused by exposure to just one microscopic particle of asbestos dust. There is no safe level of exposure. Sadly there is no cure as yet for this disease.
The MIB (Motor Insurance Bureau) considers claims for compensation where victims have been involved in a Road Traffic Accident where the driver who is at fault cannot be traced or the vehicle has been stolen, or if that person was uninsured or had no valid car insurance at the time of the accident.
Negligence is the fault of the other party where it is their duty to take care and not cause any accident or disease to the person making a claim.
No Win No Fee Agreement
Please see above “conditional fee agreement”
Scarring and inflammation to the lungs caused by exposure to asbestos. This can cause breathing problems and loss of function.
Employers have a duty to protect their employees from any accident occurring. Employers have a duty to follow the Health & Safety Regulations. Training must be given to all employees to enable employees when carrying out risk assessments to know what they are doing and are experienced to identify any hazards. The employer also has a duty to review the risk assessment on an ongoing basis to ensure all is up to date. Accident reports should be in place for employees to make a complaint.
Road Traffic Accident. The term can refer to accidents involving cars, cyclists, motorcycles and pedestrians.
Special damages are paid to cover financial losses such as loss of earnings from wages and salary, loss of pension, property damage to a vehicle, medical bills, damaged clothing, and additional travel amd parking expenses.
Psychological injury caused at work by excessive workloads, bullying or harassment.
Third Party Insurance
Third party cover protects third parties such as members of the public, other drivers and pedestrians if you injure them or damage their property. However, this policy does not cover damage to your car.
A ringing or buzzing in the ear resulting in hearing problems. As seen above under ‘deafness’, this can be caused by exposure to noise at work.
Vibration white finger/ hand arm vibration syndrome. This can be caused by a prolonged use of vibrating machinery causing damage to blood circulation.