Glossary of terms - Personal Injury Law

Attorney

A person appointed to act for another in business or legal matters. Also known as a lawyer.

Accredited Specialist

An Accredited Specialist is a solicitor / lawyer who, in addition to having extensive experience, has completed an advanced study program in a particular area of law. Accredited specialists are those solicitors / lawyers who have proven their expertise by undertaking a series of assessments and an examination about their area of knowledge. Accredited Specialists are required to remain up to date with the law and apply for accreditation each year.

Affidavit

A statement containing evidence, the truth of which is sworn on oath before a person who has the authority to administer the oath.

Anesthesia Injury

An injury sustained from incorrectly administered anaesthetics.

Application for Compensation

A form that an injured worker is required to lodge with Workcover within 6 months of sustaining their work related injury.

Barrister

A legal practitioner who specialises in appearances before the court and advocacy. They are required to pass the Bar admission course as apposed to the college of law or article clerkship that is required by a solicitors before admission. Barristers cannot be retained by members of the public rather, they are retained by solicitors to appear in court or provide advice in complex matters.

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’s claim must be conducted through a litigation guardian (usually a parent or legal guardian) and settlement must be sanctioned by the public trustee.

Civil lawsuit

A lawsuit that is decided on the balance of probabilities rather than beyond reasonable doubt as is criminal matters.

Claimant

Another name commonly used to describe the person claiming damages. Known in the formal sense as a plaintiff. see [Plaintiff]

Client Agreement

The contract of work between a solicitor and client. Can be negotiated, and amended if both parties agree. The agreement can also be terminated at any time and the client may seek independent legal advice about the agreement.

Common Law damages

These are damages awarded by the court as apposed to statutory damages awarded by a government body (e.g. Workcover).

Common Law

Law developed by the courts as apposed to law developed by parliament.

Compensation

Monetary award transferred from the defendant to the plaintiff to make up for some wrong, damage or injury caused by the defendant’s actions or omission.

Compulsory Conference

A conference that must be held before a matter may proceed onto trial in the Magistrate, District or Supreme Court as the case may be.

Contributory Negligence

Where it is found that the plaintiff contributed to their own loss or injury. Examples are failing to wear a seatbelt or helmet. Damages are apportioned in accordance with the percentage of blame attributed to the plaintiff’s actions or omission.

Costs

These are the legal costs incurred in litigation or making a personal injuries claim. Accident Compensation Advice and KM Splatt & Associates costs are assessed by an independent cost assessor pursuant to the relevant scale of costs published by the court.

Criminal Compensation

Where a person has sustained personal injury as a result of a criminal act. In Queensland a conviction must have been held by a court. The maximum a person may receive in a Criminal Compensation claim is $75,000.00.

Damages

The monetary award made be a court after a determination in a personal injuries cases. May also be decided between a plaintiff and defendant before court proceedings at a conference or through mutual agreement thus avoiding the need and cost of going to court.

Defendant

The person or insurance company being sued in a civil action. Also refers to a person charged with a criminal offence.

Elder Abuse

Any physical, sexual, verbal, psychological, or financial abuse perpetrated against an older adult. Elder abuse is most often commited by caretakers, whether they be family members or nursing home staffers. Many victims do not report violations because they are scared or ashamed.

Employers Report

A report provided by the employer outlining how and when an accident occurred. May also refer to the plaintiff’s wage, performance or promotional opportunities.

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. Can include, Doctors, Engineers, Occupational Therapists, Surgeons, Physiotherapists and Accountants.

Forensic Accountants

Accountants sometimes used in personal injury claims to determine the economic loss or loss of opportunity that a plaintiff has sustained as a result of the acts or omissions of the defendant.

Future Economic Loss

A head of damage claimed by the plaintiff. Future Economic Loss refers to the continuing economic loss that the plaintiff will sustain after settlement and as a result of the acts or omissions of the defendant.

Future Medical Treatment

A head of damage claimed by the plaintiff. Future Medical Treatment refers to the continuing treatment that a plaintiff will require after the settlement of the matter.

Irrevocable Election

Refers to an election or authority given to another party that is not able to be terminated.

Issue Proceedings

This refers to the process whereby a plaintiff files a claim in the court and subsequently serves the claim on the defendant.

LAA

Limitation of Actions Act

Lawyer

A legal practitioner who has completed a course with the college of law, has a graduate diploma in legal practice or has completed an articled clerkship. They are admitted to the roles of the solicitors board and admitted as a solicitor to the supreme and/or high court. Also commonly called a solicitor.

Liability

Refers to the person who is responsible to compensate another person as a result of the own or somebody else’s acts or omissions.

Loss of Amenity

The effect the injury has on a person’s ability to carry out heir normal everyday activities and enjoyment of life.

Loss of Consortium

Refers to a claim made in fatal accidents. Loss of consortium refers to the loss of companionship that a husband or wife sustains as a result of the death of their spouse.

Medical Assessment Tribunals

A tribunal of appeal that a plaintiff appeals to when they disagree with the degree of impairment determined and awarded by WorkCover.

Medico Legal Specialist Medical Practitioner

A doctor or other medical practitioner who specialises in preparing reports for the court in relation to the medical problems that a plaintiff may be having.

Medical Malpractice

Improper or negligent treatment of a person under a medical professional’s care which results in jury or death.

Minor

see [Child]

Mitigate

Means to reduce. In this instance it means the obligation of a plaintiff to mitigate their loss or injury be means or rehabilitation, rest or treatment as recommended by their doctor.

Mitigation of Loss

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

MAIA

Motor Accident Insurance Act

Negligence

The failure of a person to exercise a reasonable degree of care resulting in an unintended injury to another party.

Nominal Defendant

A fund established by the government to protect those people who are injured be persons without compulsory third party insurance. (e.g. being hit by an unregistered vehicle)

Notice of Claim

A form lodged with Workcover, a defendant or an insurance company communicating a plaintiff's intention to claim.

Nowin-Nofee

Also referred to as No-win No-pay. Click here to read more about No-win No-Fee Outlays

These are the costs incurred by a solicitor in proceeding ahead with the claim. These include medical reports and filing of documents.

Nursing Home Abuse

Any physical, sexual, verbal, psychological, or financial abuse perpetrated against residents of a residential care facility. Although nursing home abuse is a growing problem, many victims do not report violations because they are scared or ashamed.

Pain and Suffering

A head of damage claimed for emotional trauma, mental and physical pain the plaintiff has endured as a result of the acts or omissions of the defendant.

Party Party Costs

Those costs incurred through the dealings with a solicitor and a defendant. Can be awarded as part of a claim when the claim exceeds $50,000.00.

Personal Injuries Specialist Solicitor

See [Accredited Specialist]

Plaintiff

The injured person who sues the defendant for their act of omission which resulted in the injury.

Powers of Attorney

A formal and witnessed authority under which a person gives authority to another to act on their behalf.

Q-Comp

The body in Queensland that regulates workers compensation. They supervise WorkCover and the other self insured systems (e.g. Qantas, Myer, Woolworths, AMH)

Quantum

Refers to the value or amount of damages awarded for the claim. It is the total amount of compensation or damages the claim is worth. NO SOLICITOR can give you an indication as to Quantum until all evidence (e.g. medical reports) are compiled and received.

Queens and Senior Counsel

A Barrister that has been appointed to the position by the Bar Association and Chief Justice. Queens/Senior Counsel are talented advocates who usually specialise in a particular part of the law. Due to the costs involved they are usually only briefed in the most serious and complex of matters.

Queensland Law Society

The professional body of which all solicitors must be a member.

Rehabilitation costs

Costs incurred in rehabilitating the plaintiff. May be payed by the defendant in certain circumstances.

Retains

Retains means to hire someone to complete some specific work.

Solicitor

A legal practitioner who has complied with the regulations produced by the solicitors board and is admitted as a solicitor to the Supreme/High court.

Speculative Basis

The formal terminology for a no-win no-fee agreement. See [Nowin-Nofee]

Statute of Limitations

The law which states the period of time in which a person may make a claim. Usually, 3 years, but may be shorter.

Statutory Compensation

Compensation paid by a statutory body determined by a formula. Often harsh and unfair as they do not account for future loss of income and future medical expenses.

Strict Liability

Liability in which the producer/driver will be held responsible irrespective of their actions, if another person comes to harm as a result of the their actions.

Time Limits

Refers to the time in which a person may file a claim or lodge a notice of claim as proscribed by the statute of limitations.

Tort

A civil wrong. Includes Negligence, Trespass, Assault, Battery and Defamation.

Work Accident

An accident that occurs in the course of employment.

WorkCover

The government body which all employers must have insurance with unless they are an approved self-insurer by Q-Comp. They determine a statutory payout which may be rejected and a common law claim pursued with the accident was tainted with negligence.

Workers' Compensation Medical Certificate

A certificated completed by a doctor that is lodged with the application for compensation with WorkCover or the relevant Insurer.

Workers Compensation

Refers to payments for loss of income, medical treatment and rehabilitative costs paid for by Workcover or the relevant self insurer as a result of a work related injury.

Wrongful Death

A death that occurs because of someone else's malice, negligence, or recklessness.