Personal Injury Jargon Buster
Making a personal injury claim can appear daunting because of the technical legal language involved. Our short guide takes you through some of the more commonly used terms.
Some commonly used personal injury terms.
A claim for personal injury usually arises out of negligence. The person against whom you are making the claim has been negligent in carrying out their duties, or has done or omitted to do something which has caused you injury. If this is the case, you have the basis of a claim for personal injury.
• Contributory negligence
In some cases, the injury is not entirely the fault of the person against whom you are making the claim. In certain cases, the person bringing the claim is found to have contributed to their injury in some way. If this is the case, then the compensation payout is reduced commensurately with the degree of contributory negligence.
• Duty of Care
Your employer (and anyone else who performs an act which may foreseeably harm you) owes you a duty of care. This duty is to behave according to certain minimum standards so that their actions do not cause you any harm. If they fail to meet these standards, then you have the basis of a claim. An employer for instance is under a duty to provide you with working, adequate safety equipment to minimize the risk of injury. A supermarket is under a duty to ensure that you do not slip on spilled products.
This is the amount you will be awarded if your claim is successful. This amount is not simply plucked out of the air by the Court. Rather, it is calculated according to the Judicial Studies Board Guidelines for Personal Injury. These guidelines set out a scale of compensation payments which varies according to the type and severity of the injury suffered. These guidelines are the legal equivalent of a compensation calculator.
• No win, no fee.
Also called a Contingency fee agreement, this is the basis upon which Dallas McMillan will take your claim forward. With no-win, no-fee agreements, you keep 100% of the compensation. Our fees are paid by the other side.
• Settlement/out of court settlement
Occasionally, the other side may offer to settle rather than go to court. If this happens, the amount offered is called the settlement. We will negotiate on your behalf to ensure that you are awarded the maximum amount possible.
This is what happens if the case does not settle and has to go to Court. Our specialist personal injury solicitors based in Glasgow have extensive experience of litigating personal injury claims and will pursue your claim on your behalf.
Contact us for assistance in making your personal injury claim.
Contact our expert personal injury solicitors today
Our leading Scottish Personal Injury Solicitors can advise on all aspects of your claim. We offer a no-win, no-fee service. Contact us on 01413336750