Watermans: Straightforward Personal Injury Glossary

If you have been injured in an accident that wasn’t your fault, you may be thinking of pursuing compensation. Don’t let complicated legal jargon be a barrier to making a claim.

Our Personal Injury team have put together a list of the most common phrases you will come across throughout your claim so that you can be confident at every step in the process.

Common Personal Injury Legal Terms

Personal Injury Claim

personal injury claim is a legal case for compensation made by someone who has suffered (mentally or physically) because of another person’s negligence.

Negligence

Negligence is a failure in a duty of care resulting in the physical or psychological harm of a person.

Duty of Care

A duty of care is a legal obligation that someone has to avoid causing harm to others.

Compensation

Compensation is money awarded to someone who has been injured in an accident.

Employer Negligence

Employer Negligence is the term used when an employer fails to provide a safe working environment for their employees.

HSE

The HSE is Britain’s workplace health and safety regulator.

Employer’s Liability Insurance

Employer’s Liability Insurance covers the cost of compensation if an employee claims for an accident at work.

PPE

PPE (Personal Protective Equipment) are any clothes or equipment worn to protect individuals from harm in the workplace. These can include items such as gloves, safety helmets and protective eyewear.

Loss of Earnings

If you are involved in an accident, you may find that you are unable to work. Loss of earnings is the term used to describe the lost wages you may have experienced if you cannot work due to being injured. It’s possible you can claim for loss of earnings as part of your personal injury claim.

Out-of-pocket expenses

Out-of-pocket expenses are any expenses experienced by the injured party following their injury, including travel costs to medical appointments, hospital parking charges and costs of medication.

No Win No Fee

No win no fee means that if we don’t win your case, you don’t have to pay anything towards the work.

Limitation

Limitation is the limit on the amount of time you have by which to make a claim for compensation. In Scotland, you generally have three years in which to raise a court action or settled a claim for compensation for a personal injury. There are some exceptions to this rule, which our personal injury team can chat you through. However, if you have exceeded the time limit, your claim is then time-barred and your case won’t be taken on by a solicitor.

Solatium

The word solatium may be mentioned throughout the course of your claim. This is the legal term used for the compensation received for your injuries.

Pursuer

The pursuer is the injured party making the claim.

Defender

The defender is the person or company responsible for your injuries.

Causation

Causation is the term used for the injuries caused by negligence.

 

Your Guide to Making a Personal Injury Claim

Step One: Get in touch with us

The first step in any personal injury claim is to get in touch with a personal injury lawyer. We understand that seeking legal advice might seem a bit daunting, but don’t worry. Our team speaks your language (no industry jargon here!) and is on hand to offer straightforward legal advice from your very first point of contact with us.

You may be unsure if you are entitled to compensation, or how the claims process works. By contacting us, you will speak with our expert team who can talk through the accident and your injuries with you. Then, we can establish if you have a case to claim for compensation.
Feel free to contact us in a way that suits you – by email, telephone, or through our contact form. Once we have some details about your accident, we can start to look at what has happened to you.

Step Two: We investigate

By investigating the details of what happened to you, whether it was an accident at work, a road traffic accident or an accident in a public place, we can establish if you have a case. We need to know how you have suffered because of your accident – have you experienced physical injuries? Are you suffering from whiplash? Are you unable to work, leaving you out of pocket?

Part of the investigation stage will also include speaking to any third parties or witnesses to your accident – so, if you can, try to gather their details as soon as possible. This information will help our personal injury team develop the case for your personal injury claim.

Step Three: We set the wheels in motion

If you are worried about being stuck on hold to insurers or having to speak to the at-fault party’s legal team, don’t be. We take the hassle out of the legal stuff, so you can continue your recovery in peace. Our personal injury team works on your behalf, speaking to the at-fault party so that you don’t have to. From here, we can negotiate a suitable financial settlement for your pain and suffering.

Step Four: We’ll help you to move on

Our main goal at Watermans is to ensure that you can move on from your accident and go back to living your life as normal. We get you justice for your injuries – and the maximum compensation that you deserve for your suffering. As part of our service, we can also provide access to a range of rehabilitation services, like physiotherapy and psychological treatment, all to aid in your recovery.

If you were injured in a road traffic accident and your car was damaged through no fault of your own, we can help with that too. We can arrange for your vehicle to be assessed by an independent engineer and provide a like-for-like replacement car while yours is in the garage.

At Watermans, we are committed to providing you with straightforward legal advice, so that you know where you stand at each step in the claims process. Contact us to start your personal injury claim today.

Get in touch with us

Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055

Our personal injury claims expert

“Making a claim for compensation can be such a daunting process for people, so I try to make it as straightforward and easy to understand as I can for them.”

Susanne McGraw, Head of Personal Injury