No Win No Fee Compensation
Busting No Win No Fee Compensation Jargon
No win no fee compensation claims are made in a variety of personal injury claims. Personal injury is a complex area of law and some of the terminology used is difficult for people to understand. Hopefully you’ll find the following ‘jargon-buster’ helpful.
The terms relating to ‘no win no fee’ compensation cases:
Barrister: a type of lawyer. Barristers are instructed by solicitors to represent a party in court. They are specialists in advocacy.
Civil Court: the court that will hear civil, as opposed to criminal, cases. Personal injury cases for compensation will be heard in Civil Courts.
Claimant: the injured person making a claim.
Compensation: money paid out to a claimant who has suffered a personal injury. It will normally be split into two sections; general damages for pain, suffering and loss of amenity and a special damages compensation for any resulting financial loss.
Conditional fee agreement: the correct term for ‘no win no fee’ compensation funding. The solicitor draws up an agreement with a client to only accept payment if they’re successful in winning a case. The fee is conditional upon victory. The claimant may still have to pay their opponents costs if they lose.
Damages: the money awarded to someone who has suffered a personal injury (see compensation)
Defendant: the person(s)/organisation accused of negligence and responsible (personally or via insurers) for making compensation payments.
Duty of care: the responsibility owed by individuals/bodies towards each other. If you drive a car you have a ‘duty of care’ to other road users. If you drive dangerously you are in breach of this and can be found negligent.
Negligence: the term used to describe actions (or omissions) that result in personal injuries. Medical professionals can be deemed negligent if they fail to provide the correct medication (this is known as medical negligence) and likewise drivers can be deemed negligent if they fail to drive with due care and attention.
No win no fee compensation: a term used to describe the funding of a personal injury case. The lawyer agrees only to only accept payment if they are successful in winning a case. The term 'no win no fee' is misleading, as some fees still have to be paid.
Personal Injury: any injury you suffer as a result of someone else’s negligence. You can claim compensation if you have suffered a personal injury but you might have to go to court to win damages.
Solicitor: a type of lawyer. Compensation solicitors prepare cases for court and are the normal first point of contact for a claimant.
Special damages: part of a compensation award paid out to a claimant in a personal injury case. Special damages compensate the Claimant for financial loss suffered as a direct result of the injury and may include past and future loss of earnings, nursing care, treatment costs and any further expenses.