Paying your Solicitor's Costs
The basic position is that you will be primarily responsible for paying your solicitor's costs and any expenses incurred on your behalf. However, in personal injury claims the usual rule is that the losing party pays the winning party's reasonable costs and expenses of pursuing the claim. Therefore, a successful party is generally entitled to recover the majority if not all of their costs from the opponent either by negotiation or by obtaining an appropriate Court order.Should you lose your case, then you would probably be responsible for paying your opponent's costs however, there are ways of safeguarding you against this risk.
No Win - No Fee
If we are prepared to take on your case we will always offer to act under a No Win - No Fee agreement. This is known as a Conditional Fee Agreement.
These agreements provide a way to pay for the services of your solicitor. Technically, as the client, you agree you pay your solicitor's costs. In return, we agree to wait until the end of the claim to be paid.
Under a "No Win, No Fee" Agreement, we will not charge you for our services if you do not win your claim provided you comply with your obligations under that agreement. If you do win your claim, we will make a claim against your opponent for the costs of pursuing the claim.
If you do not win your claim, you will probably be ordered to pay the majority of your opponent's basic costs and disbursement. Insurance will probably be available during the course of the claim to protect you against this risk. This is known as "After the Event" insurance cover.
It is possible for you to take out an "After the Event" insurance policy against the risk of your having to pay your opponent's legal costs in the event that you do not win your claim. We will advise you of the recommended policy together with the cost of the premium and what it will cover. Payment of premiums is usually delayed until the end of the claim so there is nothing to pay up front.
Legal Expense Insurance
This is also called "Before the Event" insurance cover. You may have this cover provided in one of your existing insurance policies such as household insurance, motor insurance or credit card insurance.
If you have legal expenses insurance, some companies will point you towards their panel of solicitors. However you still have the right to choose your own solicitor in any event. Most insurance companies are now prepared to allow you to choose your own solicitor. The insurance cover will depend upon there being reasonable prospects of success in bringing your claim. We will need to see the terms and conditions of your policy.
We believe it is important for you to have access to a solicitor of your choice. We also believe that it is necessary to be able to speak to your solicitor face to face at certain points of the claim.
Other forms of funding for claims
This was formerly known as Legal Aid. It is not available for the vast majority of personal injury claims but may be available in certain cases.
Funding for Criminal Injury Compensation Authority claims
If your claim is to be dealt with under the Criminal Injuries Compensation Authority (CICA) then you will not be able to recover your legal costs from your opponent. In these cases we will either explain how to bring a claim yourself or agree a fixed fee, or agree to act on a percentage basis if you would prefer a solicitor to deal with the matter for you.
Uninsured Drivers Scheme (Motor Insurers' Bureau)
Even if the other party does not have road traffic insurance that does not prevent a personal injury claim being brought. Claims against an uninsured driver are dealt with by the Motor Insurers' Bureau. The procedure is different although the outcome in terms of damages and payment of your legal costs is very similar to normal cases. Please let us know if you require any further assistance with such claims.
Untraced Drivers Scheme (Motor Insurers' Bureau)
In hit and run cases where the third party is unknown it is still possible to pursue a claim through the Motor Insurers' Bureau. The procedure is different and the amount of property loss that can be recovered is restricted. However, in terms of damages for pain and suffering the same awards apply.
Payment of your legal costs is very limited compared to normal cases. We can agree a fixed fee or agree to act under a contingency agreement whereby we charge an agreed percentage of the damages received. Please contact us for further information.
