No Win No Fee

no-win-no-fee-claims

What Does No Win No Fee* mean for your Personal Injury Case?

Irish Law on Injury Claims – David Synnott.

Phone: 014537890 | Email: info@lawline.ie

No Win No Fee* Explained

What Does this Mean for your Case?

No win no fee – This is the term used for a legal agreement to describe how solicitors take on a case where they pay the costs of the litigation. Solicitors in Ireland who operate on this basis pay for the medical reports, stamp duty, experts fees and all other legal costs associated with the personal injury case.

In the vast majority of cases, clients would not be in a position to fund the cost of litigation and thus it is quite a common practice for specialised personal injury firms to operate on a “no win no fee” basis.

The Law Society has strict rules in place regarding advertising and these prohibit any solicitor from advertising their services as no win no fee. It is important that you clarify with your solicitors before instructing them that they do operate on a no win no fee basis and ensure that this is also put in writing to you.

No Win No Fee* Explained by David Synnott – Principal Solicitor

No Win No Fee Explained briefly by Davis Synnott

What are the Rules for a No Win No Fee Agreement?

In Irish Law, No Win No Fee agreements between solicitor and client are legal. A No Win No Fee agreement means a solicitor cannot charge for their legal services unless they deliver a successful case outcome. The case can be successfully settled outside of court or in court by a Judge’s ruling.

How much will my case cost?

Legal fees will always vary depending on the injury case complexity. We provide our clients with an estimate of costs at the early stages of the case once we have a clear understanding of the accident type and injuries sustained.

Is it safe to use a No Win No Fee Solicitor?

Yes, it is perfectly safe to have a no win no fee agreement with your solicitor, as The Law Society are the regulatory body in Ireland for any practicing Law firm and they have strict rules in place for law firms to adhere to. See Law Society Regulations.

What are the Terms and Conditions of a No Win No Fee Agreement?

It’s important you clarify the terms of your No Win No Fee Agreement with your solicitor as these conditions may vary from law firm to law firm. In some unsuccessful cases, although the solicitor cannot charge any legal fees, there may be outlay costs that the client will be liable for such as medical reports, court stamp duty, etc. At Synnott Lawline, Once you Instruct us to take on your case, we ensure your agreement is in place in writing.

Is it worth having a No Win No Fee Agreement?

Yes, a no win no fee agrement is highly attractive from the client’s perspective as they effectively will have had a completely free legal service in the event that the claim fails (subject to the proviso that a claimant may be held liable for the Defendant’s costs in the event that a claim is dismissed in Court, but this is a very rare outcome).

Is No win No Fee Legal in Ireland?

Yes, no win no fee is perfectly legal in Irish Law

Who Pays the Success fee?

There is no success fee as such.  In most cases the bulk of a claimant’s legal costs are payable by the other side but there is usually a shortfall in recoverable costs which is payable by the claimant

We are one of Irelands’ leading Nationwide Personal Injury Law Firms and have been providing expert legal advice on injury claims including: Road Accident Claims, Claiming for injuries in Public and Private Places and Workplace Accidents and all other personal injury types. Our team is dedicated to providing our clients with the very best level of service in a friendly and efficient manner for all aspects of injury claims. See our page on personal injuries services. Go to legal services >

Get our Free Injury Claims Guide – Helping you understand the Claims Process

We developed this Injury Claims Booklet to give our clients an understanding of the personal injury claims process. During the course of your injury case, we will make reference to the relevant sections of this guide by way of explanation of the particular aspect of your claim. The guide includes information about: The Claims Process, How to know if you have a case, Costs, Litigation, Outlay, Going go to Court? PIAB, What you will be awarded and much more about the overall claims process. Booklet Produced by Synnott Lawline Solicitors. Get Free Booklet

  • *Solicitors Advertising Regulations – Relating to Compensation Claims in Ireland

    The regulations forbid the inclusion of any words or phrases which suggest that legal services relating to a compensation claim will be provided on a no win no fee basis as such prohibition is in line with the statutory ban on advertisements which encourage or induce claims for damages for personal injuries. It should be noted that there is no prohibition on solicitors in Ireland undertaking work on a no win no fee basis, and solicitors are perfectly entitled to offer their services on a no win no fee basis, and indeed many solicitors’ firms operate on a no foal, no fee basis. The restriction on solicitors is merely on the content of their advertisements.

    The general right of solicitors to advertise is severely curtailed when it comes to advertising for personal injuries claims. The Solicitors (Advertising) Regulations, 2002 (S.I. No. 518 of 2002) introduced a ban on advertisements which refer to claims or possible claims for damages for personal injuries, the outcome of such claims or the provision of services by solicitors in conjunction with such claims. The regulations prohibit advertisements which “solicit, encourage or offer any inducement” to make such claims. The regulations specify that the advertisement may include, amongst other things, “factual information on the legal services and areas of law to which the services relate”. The regulations specify that the words “personal injuries” may be included in such factual information in a “list of services”.

Got a question about Starting a Claim for Personal Injury or Medical Negligence?

Contact us 7 days a week by phone, email or fill out the callback form and a solicitor will contact you without delay. We are Here to Help.

01 453 7890

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FAQ – PIAB (The Injuries Board)

  • How is PIAB involved in my Claim and Why?

    All Personal Injury Cases by Irish Law, bar Medical Negligence must first be processed through PIAB (Personal Injury Assessment Board). Once you have instructed us to commence proceedings for your case, we handle all dealings with PIAB on your behalf. Our legal team will also ensure that PIAB adheres to any time limits that the case may have and deal with all queries in relation to your PIAB Application.

    In order for our firm to put your claim through PIAB we must first get Your Medical Report. We obtain this medical report from your treating doctor outlining all injuries sustained by you as a result of your accident. This report is very important as PIAB will base their assessment of your claim solely on the contents of your medical report along with a 2nd Report from an Independent Medical Practitioner. We will then send a copy of this report to you along with an application form (Form A) which must be signed by you in order for us to process your claim with the Injuries Board.

  • How Long Does it take for My Case to go Through PIAB?

    If PIAB is going ahead with an assessment, it has 9 months from the date of application to make an assessment. During this time period PIAB arranges for the claimant to be assessed by an independent doctor / medical expert in order to take up a medical legal report. Once the Board is in receipt of your case documentation (which we organise on your behalf) the completed Schedule of Special Damages, Certificate of Loss of Earnings (if appropriate) and the Medical Report, they will proceed to make an assessment.

    1. We (the Solicitor) will be notified in writing of the award being made by the Board.
    2. You (the claimant) are given 28 days to decide whether or not you wish to accept the award.
    3. The respondent is given 21 days within which to make the same decision.
    4. If both parties accept the assessment then an ‘Order to Pay’ will issue and your cheque is usually requisitioned within 6 weeks.

  • Can I Make my Own PIAB Application?

    If you have already made an application to the Board yourself without using the services of a solicitor – we will be happy to arrange a consultation to look at the paperwork and advise as to whether or not we believe that the Board has made a fair assessment of your claim.

  • What Happens if I Reject the PIAB Offer?

    If one or both parties reject the Assessment, PIAB will issue an Authorisation, allowing you (the claimant) to issue Court Proceedings. Even if court proceedings are issued, this  does not necessarily mean that the claimant/plaintiff will end up in court. If we do end up issuing proceedings on your behalf, in the majority of cases the claim settles before going to trial.

  • What happens if I Accept the PIAB Offer?

    If you are willing to accept The PIAB Assessment and the offer of compensation, provided the other side are willing to pay it, then this is the end of the matter. However, if either you or the other side does not accept the Assessment, then the claim will proceed under the former system of Court Litigation.

    It should be noted that PIAB does not award any costs, so your Legal Fees must come out of the figure assessed by PIAB. The foregoing is a very brief synopsis of the workings of PIAB and, there are all sorts of diverse situations which can and do arise. Your solicitor will fully advise you in relation to your particular circumstances.

FAQ – Going to Court

  • Will my Case Go to Court?

    We deal with every case on the basis that it may end up in Court – in reality cases don’t always go to court and usually settle beforehand. If the defendants Insurance Company has not offered enough or has made no offer on your case, then your case may go to court. However, if any offer has been made, you (the claimant) decide whether or not to accept it. Your Solicitor will give you advice in relation to accepting or rejecting the offer, but the ultimate decision is yours. If no offer is made, then this indicates that the other side is reasonably confident of defending the case.

  • Why would my Case go to Court?

    Cases go to court for two reasons, either the Defendant has not offered enough Compensation or the Defendant has made No offer. If an offer is made, then it is you who decides whether or not to accept the offer. Your Solicitor will provide advice in relation to any offer, but the ultimate decision is yours. If no offer is made, then this would indicate that the other side is reasonably confident of successfully defending the case. In such event your options will be clearly outlined to you.

  • What Happens if my Case does go to Court?

    If your case does go to court, there is no reason for concern about appearing in court as your your solicitor will lead you through your evidence. You simply answer all questions to the best of your ability. And your legal team will be there to support you throughout the whole case. You are firstly examined by your own Barrister, following which, the Defendant’s Barrister will cross-examine and attempt to illicit details from you.  These questions may be favourable to the Defendant’s case. The Judge may also have questions.

  • 3 Tips For Going to Court

    1. When arriving for your case, it is important that you dress in a manner which shows proper respect to the Court.
    2. If being questioned in court, Try to avoid giving hasty or confused replies.
    3. If you are not sure of the answer to any question, you should say so, Your legal team are there to support you.

  • Do I need to bring a Witness to Court?

    After completion of your evidence, the evidence of any other witnesses is heard. This may include a Medical Practitioner. Their evidence is usually admitted as a Medical Report handed into the Judge. Other witnesses may include an engineer and any person who witnessed the event.

  • Pre-Trial Consultation

    A few days prior to / or on the day of your trial, a consultation takes place with Counsel from both sides. During this meeting, if an offer is made from the other side, our legal team will provide detailed legal advice in relation to the offer, but ultimately the decision is yours whether you accept or not. If no offer is made, then this would clearly indicate that the other side is reasonably confident of successfully defending the case. In such an event, your options will be clearly explained to you by us.

  • How does the Judge reach their Decision on Liability?

    When all the witnesses have been heard, and Counsel has made any relevant points to the Court, the Judge makes his/her decision, more often than not on the day, but on occasion, they may postpone the judgement to another day. The judge delivers their decision on liability, and if in favour of the Plaintiff will make an Award of Damages as Compensation.

  • When will I get my Compensation Award?

    Following a settlement or court award it typically takes about 3 weeks for a cheque to issue from the major Insurance companies. Local Authorities can take longer, usually about 8 weeks.

No Win No Fee Explained

No Win No Fee – This is the legal term used to describe how solicitors take on a case where they pay the costs of the litigation so Irish Law Firms who operate on this basis pay for the medical reports, stamp duty, experts fees and all other legal costs associated with your personal injury case. It is a common practice for specialised personal injury firms to operate on a “no win no fee” basis. Solicitors are not allowed advertise no win no fee services.

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Starting Your Injury Case

If you have suffered injury, loss, damage or expense as a result of the negligent act of omission of another party, then you may be entitled to claim from that other party or his/her insurers. Starting a case with our legal team is a seamless process. Subject to certain very strict exceptions, you have two years from the date of your accident to commence legal proceedings. A different claims policy is in place for Children under 18.

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How Much is My Claim Worth?

Personal Injury Claim amounts are difficult to value at the outset of any case but the value of your case in terms of General Damages will depend on the severity of the injury, the pain, suffering and inconvenience resulting  from the length of time to recover and the prognosis for the future. In addition, you are entitled to claim for all financial losses and expense sustained by you as a result of the accident.

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