If we take on your case it will be on the basis of “no win no fee” which quite simply means that if for whatever reason your claim is unsuccessful then we will charge no fee whatsoever. We are required however to point out that if your claim is dismissed by a Court, the Judge may order that you be liable for the costs of the other side.
If your claim is dealt with by The Injuries Board and you accept the assessment of the Injuries Board, then you will be liable for your Solicitor’s fees and any outlay incurred by your Solicitor.
If your claim is dealt with by way of litigation, that is through Court Proceedings, then as a general rule most of your costs and charges will be recoverable from the other side, and you will only have to pay “the shortfall”. The shortfall is the portion of your costs and charges not recoverable from the other side.
Solicitors’s charges – www.injured.ie/no-win-no-fee
We will supply you with details of costs once we receive instruction to pursue your case or as soon as is practicable after that. In writing we will advise you of:actual charges; or where this is not possible / practicableestimate of charges; or where this is not possible / practicablethe basis on which charges are to be made
Charges are calculated by reference to a number of factors including:complexity of the matter and urgency of the matterdifficulty or novelty of the questions raisedskill, labour, specialised knowledge and responsibility involvednumber and importance of documents prepared or examinedamount of value or any transaction involvedimportance of the matter to youtime reasonably spent by personnel on the matterplace / places and circumstances in which the matter is pursuedIn addition to these charges, you will be responsible for payment of charges payable to third parties including government agencies.
If we are dealing with a contentious matter for you, the law requires that the following explanation be given to you. Unless otherwise agreed, when we send you a bill of costs, you are responsible for the payment of that bill. You remain responsible for this amount even where you win a settlement and a term of that settlement is that you will be paid your costs. This is also the case where the defendant or other third party is ordered by a court to pay your costs. We will seek to recover as much as possible of the charges from the defendant or other third party.
When these monies are recovered, if you have already paid the charges, the money will be refunded to you, less any costs incurred in their recovery. Otherwise, they will be set off against the full amount due. The amount which the defendant or other third party may agree or may be ordered to pay will not generally be sufficient to cover your our entire charges. If the costs recovered from the other party do not cover our charges, then you are obliged to make up the shortfall.
Possible liability to pay costs of other parties
Even where we are satisfied that you have a good case, in the event of the following circumstances arising, you may be liable to pay, in addition to your own costs, the costs of the Defendant or other third parties.
In the course of handling your claim we will incur certain items of outlay including doctors fees for preparing medical reports, stamp duty on the proceedings, Counsels fees for drafting, and in some cases fees of Litigation Engineers for preparing reports. The outlay averages about €1500 per case but in large cases can be much more. If your claim succeeds we can usually recover most of the outlay from the other side. You have the option of paying the outlay throughout the duration of proceedings in which case the recoverable portion thereof will be refunded to you at the successful conclusion of your case. Alternatively we can pay the outlay on your behalf in which case a handling fee will be charged at the conclusion of your case.
For further information in No Win No Fee Solicitors, please see Lalloo & Company’s website injured.ie