Personal Injury Glossary

A

Acute Pain

Pain that comes on suddenly and can be severe in nature, but isn't necessarily long term.

Acupuncture

Traditional Chinese medicine.

After the event Insurance (ATE)

An Insurance Policy which can be purchased following an incident, and covers the legal costs incurred by using a solicitor to deal with your claim.

Anaesthetic awareness

When during surgery a person becomes aware of the surgery, can feel pain but cannot communicate to make somebody aware

Analgesic

Pain reliever

Anticoagulants

Medication used to stop abnormal blood clotting

Antiemetic

Medication used to treat nausea and vomiting.

Antihistamine

Drug that relieves an allergic reaction by stopping the effects of histamine, the substance responsible for negative symptoms associated with the reaction

Antihypertensive

Medication used to relieve symptoms and prevent the damage that can occur from high blood pressure.

Antipsychotic drug

Used to treat severe mental disorders.

Anterior cord syndrome

Is a medical condition where blood supply to the anterior portion of the spinal cord is interrupted. It often means a loss of motor function, an impaired sense of pain and loss of feeling below the level of injury.

Arachnoiditic

Myodil dye was injected for x-rays and if not removed properly after the x-ray it may cause damage.

Arthritis

A disease of the joints characterized by inflammation and stiffness

Arthroscope

A fibre-optic instrument for the visual examination of the interior of a joint.

Arthroscopy

An examination of the interior of a joint with an Arthroscope.

Asymptomatic

without symptoms

Asbestos

A mineral that is used in material for heat insulation. Asbestos has 3 forms: Blue asbestos (crocidolite), White asbestos (chrysotile), Brown asbestos (amosite).

Asbestosis

A lung disease caused by the inhaling of large amounts of asbestos fibres.

Asthma

Industrial Asthma - Breathing difficulty caused by the inhalation of harmful chemicals.

Asthmagen

A chemical or substance that is known to cause Asthma.

Audiogram

A graph which shows hearing ability, determined by examining hearing acuity of different sound frequencies.

B

Barrister

A Lawyer found in common law jurisdiction to provide legal representation for the client in court. The Barrister is usually instructed by the clients Solicitor on their behalf.

Bad faith Litigation

When a client holds a insurance policy, and the insurer has failed to perform a thorough investigation, delayed payment of the claim or refused to pay out.

Before the event insurance (BTE)

An insurance policy that can be purchased to cover legal costs for using a solicitor in the event of a claim.

Biopsy

The examination of surgically removed tissue under a microscope.

Bladder Cancer

Cancer which is often caused by the exposure to chemicals, this cancer develops in the bladder.

Breach of statutory duty

Failure to abide by responsibilities that has been set out in legislation.

Brachial Plexus birth injury, also known as Erb's Palsy

The brachial plexus is a series is a series of nerves that conducts signals from the spine to the shoulder, arm and hand. It usually happens during birth when there is damage to those nerves.

Brown sequard syndrome

Loss of motor function and sensation caused by lateral lesion of the spinal cord.

Burden of proof

In English Law, the burden of proof lies with the prosecution. When claiming compensation for personal injuries the claimant must prove that the third party was negligent resulting in the injuries that occurred.

C

Carcinogen

A chemical substance which causes the development of cancer and tumours by effecting human tissue.

Cauda Equina

nerve damage to the bottom of the spine near the coccyx.

Cartilage

A connective tissue that is part of the skeletal system, including joints

CAT scan

Computerised Axial Tomography. A scan that takes a series of images of areas inside the body from different angles.

Carcionogen

A chemical substance that is known to adversely effect human tissue so as to cause cancer and tumours to develop

Causation

The casual link, connection between the injury and the cause of the injury and subsequent losses.

Cervical Spine

Relates to the neck

Central cord syndrome

Spinal cord injury. May occur after damage to the centre of the spinal cord

CICA

Criminal Injuries Compensation Scheme. An agency that will consider claims for compensation from the innocent victims of criminal assault

Claim

Your demand for financial compensation for the injury sustained

Claimant

This is the person on whose behalf the claim for compensation is brought

Clinical negligence

Alleged medical negligence by a member of the medical profession

Comprehensive Insurance

Insurance that covers all risks

Contributory Negligence

This is where another party is responsible for the injury but when the victim is partly responsible causing an accident through their own actions. Contributory Negligence is usually measured on a % basis and forms a deduction from any damages awarded.

Conditional Fee Agreement / Cost Free

In legal cases this may mean a "no win no fee" agreement often called a conditional fee agreement. The solicitor will agree with their client that if the case is lost they will not charge any legal costs to the client for the work done. There may be other legal costs to pay such as expenses and other costs but the client can and should take out an insurance policy for this eventuality. If the case is won the losing party should be made to pay all of the legal costs.

Congenial Employment Loss

For those who hold a vocational job such as Nurse, Teacher, Doctor or Firefighter, it may be possible to claim additional compensation if refrained from doing their job.

Counsel

A barrister

Counterclaim

A claim made by the other party (defendant) against the prosecutor.

County Court

The court that is first used to hear a claim

Court of Appeal

The court of appeal is divided into Civil and Criminal, and hears the appeal from decisions made at other courts

Court of protection

A branch of the high court which has the jurisdiction over those mentally incapable of handling their own affairs.

Compensation

The money you receive in compensation for the injury sustained

Coccyx

Four fused bones that form a triangular shape at the base of the spine, also known as the tailbone.

Comminuted fracture

A crushed or shattered bone

Concussion

A doctor who has completed specialist training and who leads a team in their specialty

Contusion

Damage to the skin and underlying tissue - a bruise.

Cruciate ligaments

Two ligaments in the knee that cross each other and help stabilise the knee joint.

D

Damages

Financial reimbursement for injury and loss.

Dermatitis

A skin disease, which may be called industrial dermatitis where the victim has developed the disease after being exposed to chemicals, liquids or dust in the work place.

Defendant

The accused party, a person or company who has to answer charges in court

Dermatology

The medical field which deals with the diagnosis and treatment of skin.

Defence

The third party's response to the claim

Diminution in value

This is an uninsured loss claim that can sometimes be made against a third party where a vehicle has been repaired and there is evidence to show that its value repaired is less than if it had not been damaged. Loss of value does not automatically follow just because of repair.

Diagnosis

Identification of the disorder a person is suffering from

Duty of Care

The responsibility placed on a person when acting towards others.

DWP

The Department of Work and Pensions, formerly the DSS, Department of Social Security. Claims for benefit, disability, incapacity benefit and industrial disease can be made to the local office

E

Endoscope

An instrument used for examining the inside of a bodily canal

ENT

Ears, Nose and Throat

Employers Liability

Employers responsibility

Erb's Palsy also known as Brachial Plexus birth injury

The brachial plexus is a series is a series of nerves that conducts signals from the spine to the shoulder, arm and hand. It usually happens during birth when there is damage to those nerves.

Evidence

Proof which may be used to prove another's negligence

Examination

Following a claim for personal injury it may be necessary to provide medical evidence of injury by means of examination.

Expert Witness

A Person employed to give evidence on a subject in which they are qualified or have expertise.

Excess

When taking out insurance, you may opt to pay the first amount and have a lower premium as a result. This is called a Voluntary excess, however the insurers may impose an excess due to the driver or vehicle to be insured. This is a compulsory excess.

F

Family and friends Trade Union Legal Schemes

Some unions offer legal help and assistance to family and friends of trade union members as an additional service.

Fast Track

The path to which claims over a value of £15,000 are allocated to in the court system

Femur

A Bone in the leg situated between the pelvis and knee.

Financial Services Ombudsman

If you have a complaint, the first port of call should be the insurer themselves, however in some cases this may be referred to the Ombudsman for an impartial review.

Flexion

The bending of a joint so that the bones are brought towards each other.

G

Gastroenterologist

A Doctor who specializes in diseases of the digestive system

General Damages

General Damages is part of an award of damages that relates purely to an injury and its consequences and which has to be assessed by a court or negotiated as part of a settlement.

General Anaesthetic

This anaesthetic is used to put a person to sleep for surgical procedures

General Practitioner (GP)

A doctor who's aim is to be the first port of call, to treat, diagnose and prevent illness.

H

Haemarthrosis

The bleeding and swelling of a joint

Haematologist

A doctor who specialises in the diagnosis and treatment of blood

I

Insured Losses

Those losses that are covered by the provision of an insurance policy.

Indemnity

Indemnity is a type of insurance which provides the right to receive compensation from another for any loss

Industrial injury

A condition, injury or illness caused by employment, where duty of care has failed to be executed.

Interim payments

Part payments made to the claimant during the case and deducted from the final settlement

Infant

A person under the age of 18, who must be represented by a Litigation friend as they are unable to act on their own behalf on personal injury claims, also known as a minor.

Industrial Disablement benefit

A person may be entitled to this when they have become disabled and have been assessed by DWP doctors.

J

K

Keloid Scar

Occurs when the body produces an excessive response to scarring.

L

Law Society

The UK Regulatory body for all qualified solicitors.

Legal Aid

Public funded provision of advice and assistance for those who could not otherwise afford it

Legal Expense Insurance

Pre existing legal expense insurance often purchased or supplied with motor or household insurance.

Legal expenses cover

Normally deals with the recovery of uninsured losses.

Letter of claim

The initial letter that is sent to the third party stating the basis on which the claim is being made

Litigation friend

Usually a parent or close relative who represents a minor (under 18) in court

Ligament

A sheet or band of tough, fibrous tissue connecting bones or cartilages at a joint or supporting organ.

Limitation

The period of time available for a claimant to bring an action against a defendant.

Local anaesthetic

This numbs the area and once taken effect, the area can be operated on without causing pain.

Lumber Spine

This relates to the loin area

M

Maxillo Facial

Refers to the face, facial bones and jaw.

Mesothelioma

Mesothelioma is a deadly form of asbestos related cancer and can be caused by exposure to asbestos.

Motor insurance Bureau

The Bureau responsible for accident compensation claims against uninsured or untraced drivers.

MRI Scan Magnetic Resonance Imaging

A Type of scan that uses radio waves and a strong magnetic field to create images of the body's organs.

MRSA

MRSA stands for Methicillin Resistant Staphyloccus Aureus, and is a type of bacterium which is commonly found on skin

N

Neurological

Relates to the nervous system, brain, spinal chord and nerves

Neurology

A branch of medicine that deals with the structure and function of the nervous system and the treatment of diseases and disorders.

Negligence

Negligence refers to somebody being in breach of some responsibility or duty of care

O

Obstetric cholestasis

Liver releases harmful material into the bloodstream during pregnancy

Osteoarthritis

Arthritis characterized by degenerative and sometimes changes in the bone and cartilage of one or more joints.

P

Party

Any of the participants in a court action or proceeding in a personal injury claim, accident compensation or other claim

Particulars of claim

The document that is submitted to the third party which outlines the basis on which the claim is being made

Personal injury

When a person suffers an injury either physically or psychologically as a result of an accident

Physiotherapist

A professional who helps pain and discomfort through physical moving exercises.

Pleural Plaques

Damage or scarring caused by Asbestos Exposure that can be seen on x-rays or CT scans which indicate asbestos exposure and warns of the risk of this developing

Pleural Thickening

Inflammation and scarring caused by exposure to asbestos. This can cause breathing restriction and loss of lung function. The condition can be progressive and may cause an increased risk of contracting asbestos cancer called Mesothelioma.

Prognosis

A prognosis is a prediction of the probable course of a disease or likely outcome of a problem.

Psychology

The study of behaviour and mental processes.

Proceedings

Proceedings are issued in court by the solicitor to settle the claim when negotiations fail to reach an agreement out of court

Q

Quantum

The agreed value placed on a claim based on the evidence - the amount of compensation

R

Radiology

The use of x rays, MRI, CT and ultrasound scans in the diagnosis and treatment of disease.

Referred Pain

When pain is experienced in a region of the body that is some distance away from the actual cause of pain.

Rheumatoid Arthritis

A chronic disease marked by stiffness and inflammation of the joints, loss of mobility and deformity.

RSI Repetitive Strain Injury

Repetitive strain injury or work related upper limb disorder is caused by repetitive movement, sometimes manual or strenuous physical work.

RTA

Road Traffic Accident. The term includes car, motorcycle and bicycle accidents as well as those to pedestrians.

S

Simple analgesic

Pain killers such as ibuprofen and paracetamol.

Solicitor

A solicitor is a specialist lawyer that will prepare the case and the evidence on a day to day basis up to the trial.

Special Damages

Money paid to cover losses and costs, such as earnings, pension, damages and medical bills.

Special Damages

Fixed and quantifiable losses which are being sought in a claim, such as loss of earnings etc.

T

Tendon

A tough cord of dense connective tissue that attaches muscle to bone

Third Party Insurance

Vehicle insurance which covers other passengers and road users when an accident occurs. Generally it will not cover ones own vehicle or injury to oneself.

Thoracic

Refers to the chest

Third Party Insurers

The term used to refer to the other party's insurance company

Tinnitus

A buzzing in the ears as a result of hearing damage or deafness. Tinnitus is often caused by a loud machine, tool or background noise.

Tibia

The inner and larger of the two bones of the lower leg extending from the knee to the ankle.

Tissue

Tissue for the materials that make up the human body.

Trial

The final hearing of a claim before the court

Trade Union

An organisation that seeks to protect and enforce the rights of its members and improve the conditions of their employment

U

Union Legal Cover

Union legal Cover is assistance and advice given to trade union members and their families for employment based problems and other personal issues.

Uninsured losses

Those losses that are not covered by the policy.

V

VWF

VWF stands for Vibration white finger, also known as arm vibration syndrome, which is caused by prolonged use of vibrating air or percussion tools which can cause damage to blood circulation and the structures of the arm

W

Write off's

In road traffic accidents, insurers will assess the damage incurred, the value of the vehicle and the cost of repair, assessing whether the vehicle is beyond economical repair. If the cost of repair is 60% or more then the vehicles pre accident value the insurance company may deem this as a write off.

X

X-ray

Radiation used to create images of the body

Y

Z