What Are No Win No Fee Solicitors in Ireland?
The term No win no fee solicitors are used to explain a legal agreement in Ireland, where the financial responsibility for the legal costs and legal services of litigation generally falls on the solicitor or the attorney and not on the client.
If you are meeting with a No win no fee solicitor who operates under this framework generally calculate fees and pays for all fees associated with services such as medical reports, stamp duty, experts fees, court fees, Success fees, etc.
This type of agreement is generally appropriate for clients that are without funds to pay for legal advice or any personal injury solicitor, so any costs incurred by the solicitor are irrelevant.
In many Personal injury cases, Irish lawyers will not accept "No win no fee" cases and might deny offering the legal services because of the amount of risk involved. Winning the case does not always guarantee payment by your opponent and in this scenario if you lose you will be liable for all legal costs as well as medical costs to the legal team hired. This is one of the issues with this framework.
If you approach a law firm that operates under the framework of No win no fee solicitors, During the consultation, you should make sure that they have a positive track record and have relevant experience. They might also ask you to pay a risk-free percentage of the legal costs.
Due to the amount of risk involved these personal injury cases are rare and it is unlikely that personal injury solicitors or any law firm will be willing to take on your case on this basis. However, there are specialised personal injury firms and attorneys that can offer a representation of your cases.
Can You Make A No Win No Fee Claim For A Accident or Injury?
Yes, one can make a No foal no fee Claim in case of an accident or personal injury. But here is a catch, since all personal injury solicitors in the Ireland area are regulated by the Law Society of Ireland and they have banned the advertising of No win no fee solicitors contracts in any form of format.
However, there is no rule against it and no legal action will be taken, if someone is offering you a No win no fee agreement, which some people find a Pain and perplexing so take care.
Of course, those who make false claims face the risk of having their entire legal costs paid by whoever they falsely accused.
How Does A No Win No Fee Claim Work?
The No win no fee Claim works in the manner that the legal practitioner will pay for all the legal costs of bringing your claim to court. There are however certain conditions that must be met in order to be eligible for a payout from this style of litigation. It is important to note that you will only become entitled to compensation if there is a successful outcome from your case. The results vary from case to case. There are a number of different scenarios involved in such cases.
No win no fee agreements operates between you, the client, and your solicitor. It is important to understand how this works and what are your rights. The goal of this contract is to remove all risk from your end and ensure that you're completely confident in what's happening.
Before beginning work, the legal practitioner will calculate fees and take out an insurance policy from the insurance companies that offer these services, it will cover any expenses incurred while pursuing a claim, such as legal fees or medical reports; there won't be any hidden costs! The best way is to get one of the practising solicitors for your personal injury case that has a history of successfully resolving similar claims in the past.
What Happens If You Lose Your Case in Ireland?
In such a situation where you lose your case, then under the No Win, No Fee settlement, you are not obligated to pay your solicitor's professional charges or other costs for the case under the terms of the prior written agreement
In simple words, the No win no fee agreements are when your claim is unsuccessful you don't have to pay any costs and bills involved in bringing your case to court and it will not affect your ability to bring a fresh claim at a later stage if new evidence comes to light.
It is possible to bring a No win no fee claim for personal injury in front of the law society of Ireland, but there are strict rules that must be followed. You will require an official medical report before your case can go forward; this must be presented to the court at the initial hearing and if it is not provided, then you will have to pay for your own legal expenses, which can be very expensive.
The law society of Ireland gives you the right that If you are injured in an accident or any of your family members or loved one that were not their fault then you can bring a No win no fee claim. Some of the most common types of personal injury claims handled by most Irish solicitors include; accidents at work with loss of wages, clinical negligence, etc.
How long might my claim For Compensation take?
The time to settle the claim might vary depending on the strength of your case. The legal process is however complicated and can take around 12 to 18 months to come to a settlement, so it's important that you are aware of how long you might have to wait before you receive your compensation. It is also possible for your lawyer to reach an agreement sooner if both parties, i.e the driver involved and the victim suffering are willing to settle.
Sometimes a simple vehicle accident claim, for example, may be resolved in a few weeks. A complicated medical negligence case, where a loss of life, i.e in case of the death of any victims, on the other hand, might take years. Personal injury claims can take longer if you don't know who is responsible for your personal injury or if the defendant refuses responsibility.
There are all these different factors that may affect the process, few of the reasons include:
-The nature of the injury.
-How did you get hurt?
-If the defendant admits responsibility, whether or not he or she is willing to accept.
-Whether the other party is identified or not.
What are the time limits for making a no win no fee Personal Injury claim?
The limit for making a No win no fee Personal injury claim is termed as Statute of limitations. A claimant has two years less than one day from the date on knowledge when they discovered the violation to bring a claim.
The date of knowledge is the date on which the person harmed had knowledge of the following information:
- That they met an accident and got injured.
- That a serious injury was done.
- The accident was caused by the fault of the other party.
A minor's circumstances are handled differently than an adult's, particularly in cases where a kid is hurt. A minor is unable to bring a personal injury claim. As a result, if no claim is made within the next two years following the accident, the two-year time limit for making a claim begins.
However, if a parent or guardian acts on their behalf, the minor may bring an injury claim to a judge before turning 18. This is called "acting as the child's next friend."
If for example, a car accident victim has gone away to college and only comes back after years of learning, when they come home they may discover evidence of injuries or it becomes clear through medical checks their problems are due to the earlier incident. The two-year statutory period will not start from the date of the accident as they could have been busy studying, but from when they return back to Ireland.
It is best to seek legal advice if possible before this time limit has passed, as there may be a solution, such as bringing an Interparty Transfer or a late presentation application. These applications can extend the time limits if the court is satisfied that you were unable to start proceedings due to reasons beyond your control.
How Much Will You Have To Pay If You Win Your Case?
If you win your case, then there are some costs that you may have to pay from your side. It will depend upon the between you and your solicitor.
You should always ask your personal injury solicitor to provide you with a copy of their full terms and conditions before you sign an agreement. Read it carefully to get a clear idea of what costs you may have to pay if you win your case.
When you make a claim for compensation after an accident, there are some legal fees involved. However, most of the time they will be paid by the other person's insurance company. The No win no fee personal injury solicitor works on this basis. You won't need to find the money upfront for any costs - everything will be dealt with by the insurance company.
Are there other ways to fund my Litigation claim With The Firm in Dublin?
It should be first noted that the majority of firms will only operate on a No win no fee basis and as such, should your case fail for any reason other than another party admitting liability, you would owe the costs to your solicitor. This should be stated in writing prior to instructing them and if it is not, please do not proceed to instruct them.
It is also important that you ask questions with your solicitor and clarifies before instructing them whether they do operate on a No win no fee basis and also ensure that this is put in writing to you as well.
In relation to other ways of funding medical negligence claims, there are other options that include “after the event” insurance policies. While these can be expensive they may provide you with cover for your personal injury claims as well as the legal costs paid by the insurance. Please note that most policies will not cover legal costs or damages paid out to the other party in the event of a lost cause.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin