Guide to Legal Costs for Personal Injury Cases

Your legal questions answered – Legal Fees

In relation to solicitor’s legal fees, in Irish law, the Legal Services Regulation Act 2015 requires a solicitor to provide clients with information (particulars) in writing when the solicitor is instructed, or as soon as is practicable. (a Section 150 notice). This will include the solicitor’s actual charges, or, where this is not possible or practicable, an estimate of their fees, or, where this is not possible or practicable, the basis on which the solicitor’s charges are to be made. These are also the factors which are taken into account in the assessment of a solicitor’s bill. This page provides answers to common questions regarding legal fees, third-party outlay costs, the practical functioning of conditional fee arrangements, No Win No Fee agreements, and your rights as a client.

What are my legal costs for an injury claim?

Initially, when you instruct your solicitor to represent you, by law, (Under the Legal Services Regulation Act 2015) 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. The 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.

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.

Our firm operates on a No Win No Fee basis. However, once we agree to handle your claim on a No Win No Fee basis, we also reserve the right to terminate our relationship if we form the opinion that your claim is unlikely to succeed for any reason, if we have not been fully and truthfully informed of all relevant facts, or if the Solicitor/Client relationship breaks down.

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

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.

In the course of handling your claim, we 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 for preparing reports. The outlay averages about €1,000 per case but can be much higher in larger cases. If your claim succeeds, we can usually recover most of the outlay from the other side. Our clients have the option of paying the outlay on an ongoing basis, in which case the recoverable portion will be refunded to you at the successful conclusion of your case.

How much is my claim worth?

This is a question we are often asked. Once we know all the details of your accident and injuries sustained, we can provide an estimate of the amount you may be awarded.

Who pays out the compensation award?

A compensation figure is first offered by the defendant’s insurance company, which often makes a low-value offer to your solicitor. Their objective is to pay out less money. In most cases, your solicitor will reject this offer when the defendant appears to be liable. It’s always the insurance company.

Defendants and their insurance companies will want to avoid the expense of going to Court. Once the insurance company recognises the defendants’ liability position, an appropriate settlement offer will be made. If the case is complicated, this can cause delays. Once an insurance company has admitted liability on behalf of the defendant and agreed to process the claim, the process moves quickly. Typically, the claimant will receive their compensation payment (from the initial offer to the agreed offer) within a few weeks.

How long does it take to get paid after the Settlement?

Following a settlement or a Court Award, it typically takes about 4 weeks for payment to be issued by the major Insurance companies. Local Authorities can take longer, usually about 4 – 8 weeks.