Personal Injury Jargon Buster

Affidavit: A statement containing evidence sworn on oath the truth of the contents before a person who has the authority to administer it.

Barrister: A lawyer who undertakes specialist advocacy and advisory work. Barristers generally only act on referral work by a solicitor; they can not take instruction direct from the public. Barristers represent the client in court.

Child (or minor): A person who has not reached the age of 18 years. In law a person becomes an adult on their 18th birthday. A child (or minor) must conduct litigation through a litigation friend. (see Litigation Friend) 

Claimant: Formally known as Plaintiff. (see Plaintiff)

Contributory Negligence: Where the defendant proves that the claimant’s own negligence was in part to blame for the damage or injury suffered. Damages award may accordingly be reduced by a percentage apportioned to the blame.

Costs: Legal costs incurred for litigation, this will include fees of solicitors, barristers, expert witnesses, medical reports, court fees and various other disbursements.

Defendant: The person being sued in a civil action claim or charged with a criminal offence. 

Evidence: Proof of facts alleged by the claimant or defendant. This can be oral or written testimony, measurements or documents in support of either side to ascertain the truth.

Expert Evidence: Evidence of a skilled person who can assist the court with their opinion from the viewpoint of their particular professional experience.

Limitation Period: The defined period of time after an accident. On expiry of the limitation period the claim may become ‘statute barred’.

Litigation Friend: A person acting on behalf of a minor (under 18 years of age) or patient under incapacity as defined by the Mental Health Act 1986. 

Loss of Amenity: The effect the injury has on a person’s ability to carry out their normal everyday activities and enjoyment of life (e.g. domestic housework, personal care, social interaction, hobbies, aspirations and expectations etc.).

Minor: see Child

Mitigation of loss: The duty of a claimant to take reasonable steps to lessen their loss or injury where possible.

Negligence: A breach of duty by the common law to take care for the safety of a person.

Plaintiff: The injured person who sues in a court of law. 

Powers of Attorney: A power of attorney is the formal signed and witnessed authority under which a person gives authority to another to act on their behalf.

Quantum: The value amount of your claim. It is the total amount of compensation or damages the claim is worth.

Solicitor: A lawyer qualified by examination by the Law Society to undertake a range of legal services.