Here’s the full picture behind this week’s explainer, breaking down each term in turn and how they fit together in a claim.
The Short Answer
Liability is about who is at fault, and to what extent, which can be shared between more than one party. Causation is about what the accident actually caused, whether that’s physical injury, psychological injury, or financial impact, past or future. Quantum is about how much the claim is worth, valuing everything identified under causation using guidelines that solicitors and courts both refer to. Together, these three elements are what establish whether a claim succeeds, and what it’s worth.
Liability: Who is at Fault?
Liability is the starting point of any claim: establishing who was responsible for what happened, and whether that responsibility is shared.
“Liability is who is at fault. So are there multiple parties at fault? Are they each responsible to the same percentage? So it may be that there are two parties at fault, and they’re both 50% responsible for what’s happened to you. It may be that someone is 100 per cent at fault. Liability is who is at fault for the claim. Is someone at fault for what has happened?”
You can read more about liability in on our Personal Injury Claims service page.
Causation: What did the Negligence Cause?
Once liability is established, causation looks at the consequences: what the person actually suffered as a result.
“Causation is what did our client suffer as a result of that negligence? So, whoever’s responsible, what has that caused to our client? That may be physical injuries, it may be psychological injuries, it also may be financial impact, whether that be a past loss or a future loss.”
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Quantum: How Much is The Claim Worth?
With liability and causation established, quantum is about valuing everything that’s been identified, using recognised guidelines.
“Quantum is how much. So those physical injuries, psychological injuries, financial losses that we’ve just referred to in causation, once we’re able to establish someone is at fault, as a result of that, we’ve been caused to these things. What we then have to look at is the quantum, the value of the claim, and there are guidelines that are used by solicitors and courts. The judges in courtrooms today are looking at these guidelines and giving decisions on the value of someone’s claim.”
How the Three Terms Fit Together
These three elements build on each other: liability establishes who’s responsible, causation establishes what that responsibility caused, and quantum puts a value on it. All three generally need to be addressed for a claim to be properly understood and valued.
For a broader look at the claims process, see our How Personal Injury Claims Work guide
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Frequently Asked Questions
It refers to who is at fault, and to what extent. Liability can rest entirely with one party or be shared between more than one.
It refers to what was actually caused as a result of the negligence, which may include physical injury, psychological injury, or financial impact, past or future.
It refers to how much a claim is worth, valuing the injuries and losses identified under causation, using guidelines referred to by both solicitors and the courts.
Generally, yes. Liability and causation need to be established before quantum, the value of the claim, can properly be assessed.
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Conclusion
Liability, causation and quantum might sound like dense legal jargon, but between them they explain the whole shape of a claim: who’s responsible, what that responsibility caused, and what it’s worth. Understanding the three terms makes the rest of the process much easier to follow.
Thinking about a claim? Read about Personal injury claims and how No Win No Fee works, or send us your enquiry.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. If the legal costs we recover from the other side do not cover our charges, your agreement also lets us take that shortfall from your compensation. We cap the success fee and any shortfall together at 25% of your compensation, or at 40% for some types of claim. Any After the Event insurance premium is not part of any cap on our fees: it is always deducted from your compensation in addition. It is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.