Guide to Legal Costs for Personal Injury Cases

What are my legal costs for an injury claim?

Initially, when you instruct your solicitor to represent you, by law, they are obliged to provide you with ‘particulars’ in writing, which is information about their professional fee. This is known as a Section 150 letter.

By law (Under the Legal Services Regulation Act 2015), your solicitor must clearly outline in the Section 150 letter the grounds for their claim on your behalf and inform you of potential legal costs and fees.

It will typically include: the firm’s miscellaneous charges payable to them, and any outlay items that may be payable to third parties, including government agencies, which must be discharged by you (the client). Or, where this is not possible, the letter will outline an estimate of costs.

What is a Section 151 Letter?

A Section 151 letter (or Section 151 agreement) in personal injury law refers to a specific, binding agreement between a solicitor and their client under the Legal Services Regulation Act 2015. This agreement allows the solicitor to provide a comprehensive, single, written engagement letter covering the entire scope of the case, rather than providing ongoing, separate updates under Section 150 of the same Act.

What’s the difference between a Section 150 letter and a Section 151 Letter?

A Section 150 Letter is

• An informational document that discloses all legal costs (where possible).
• Sent to the client on initial instructions.
• This Letter is a mandatory document that must be provided to the client by law.

A Section 151 Letter is

• A binding contractual agreement between a solicitor and a client to enter into a formal fixed-fee agreement for the solicitor to represent the client and carry out legal proceedings on their behalf.
• Typically provided at the early stages of the client-solicitor relationship and is optional.

What outlay fees will I have to pay?

On the successful conclusion of a personal injury claim, (as a general rule) most legal fees will be payable by the other side so you (the client) will not have to pay these fees prior to or during your case.

But it’s important to note that some fees that are payable by you include: the Injuries Resolution Board Assessment application and ‘Solicitor client costs’, i.e., work carried out for which the other side is not liable to pay for.

Can I have a No Win No Fee Agreement?

Under a no-win-no-fee agreement, solicitors cover the upfront costs of litigation, which may include medical reports, court fees and solicitors’ charges.

Having this agreement in place enables clients without sufficient funds to pursue their cases. Although the Law Society prohibits solicitors in Ireland from advertising these services, you (the client) must ensure, with your solicitor, that this agreement is in place and documented in writing at the initial stages of case instructions.

What fees does a No Win No Fee Agreement cover?

In the course of handling your claim, the solicitor will incur certain outlays, including:

• Doctors’ fees for preparing medical reports,
• Stamp duty on the proceedings,
• Counsel’s fees for drafting,
• And, in some cases, fees for litigation engineers’ reports.

If your claim succeeds, the law firm usually recovers most of the outlay from the other side. Some clients choose to pay the outlay on an ongoing basis, in which case the recoverable portion will be refunded to you at the successful conclusion of your case.

In most cases, if the outcome is successful, most of your solicitors’ legal fees will be covered by the other side and under a No Win No Fee agreement; if the case outcome is unsuccessful, you will not be liable for the solicitors’ legal fees.

If you have any questions about starting a claim and legal fees, talk to our team today or see our page on No Win No Fee Explained.

See Solicitors Advertising Regulations.