“Can I make a no win no fee personal injury claim?” No win no fee explained

“Can I make a no win no fee personal injury claim?” No win no fee explained

Though you’ll never see them advertised, personal injury solicitors usually offer a ‘no win no fee’ payment option. In fact, most personal injury claims regarding medical negligence and traffic accidents are undertaken by solicitors on this basis.

Read on to see no win no fee explained.

Solicitors Fees in Ireland

Solicitors in Ireland can calculate their fees in a number of ways:

  • By the number of hours spent on a case once the rate per hour is agreed
  • A fixed fee amount
  • No win no fee agreement

Unlike the US and the UK, Irish solicitors are banned from charging fees as a percentage of the award or settlement received from a personal injury claim. This is governed by Section 68 of the Solicitors (Amendment) Act 1994.

This Act also requires solicitors to put in writing in advance how much they will charge a client for their services – or a clear explanation of how charges will be calculated at the end of a case. It is considered professional misconduct if a solicitor doesn’t do this.

If there is a dispute over fees, a client can have their legal costs taxed. This means that the costs will be assessed independently by a Taxing Master.

No win no fee explained

No win no fee contracts give ordinary members of the public the opportunity to fight for justice when dealing with powerful entities, like insurance companies.

No win no fee – sometimes also referred to as ‘no foal, no fee’ – allows people who have a genuine personal injury claim, but not the financial means, to take a case. It provides access to justice for everyone, no matter their income.

With no win no fee, if your case is unsuccessful, you won’t have to pay your solicitor. But note that it’s possible to incur certain costs. For example, you may be liable for medical report fees or, if your case is dismissed in court, the judge may order you to pay the defendant’s costs. However, most personal injury claims are settled before reaching the courtroom.

If your case is successful, you will be liable for the costs agreed with your solicitor in advance.

 

Can I make a no win no fee personal injury claim?

The Law Society of Ireland bans ads which encourage people to make personal injury claims. For this reason, solicitors cannot advertise their services on a no win no fee basis. However, most personal injury solicitors undertake work on a no win no fee arrangement and this is perfectly legal.

Often solicitors will only take on a no win no fee case which they are confident will succeed. But if a solicitor isn’t interested in your case, you can always seek a second opinion elsewhere.

Are you considering making a personal injury claim? Contact the Ferrys Personal Injury team to find out how we structure our fees.

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Jarlath Moloney
jarlath@giantelk.ie


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