A solicitor in Ireland is not permitted to advertise that he/she works on a ‘no win no fee’ basis. However, this doesn’t mean that he/she cannot take up an injury claim on this basis. This also doesn’t mean that he/she cannot discuss the details of this arrangement.
If you have suffered an injury due to the negligence or fault of another individual or organisation, it is best to get in touch with a competent solicitor. Whether the claim is settled via negotiation or by the Injuries Board Ireland, a solicitor can provide advice and assistance throughout the procedure.
How does this arrangement work? When you have been injured in an accident that was no fault of your own, you have to pay for the medications and treatments. Moreover, you may also face financial difficulties if you had to miss work due to your injuries.
Appointing a solicitor, in such a circumstance, may feel like adding to the financial burden. However, if he/she agrees to work on a ‘no win no fee’ basis, you need not pay the fees until you win the claim. You pay the solicitor only after you are successful in the claim and get the compensation. If you lose the claim, you need not pay the solicitor.
Are all injury claims suitable for this arrangement? No. The solicitors invest a lot of time and effort on an injury claim. If your claim doesn’t have the merits to be successful in the first place, the legal advisor may not agree to take it on this basis.
It is possible for a solicitor to take up a claim on this basis if the chances of success are higher. To assess the merit of the claim, he/she needs to examine and understand every aspect of it. Only after a careful scrutiny of the details can a solicitor make a decision about this. If the claim doesn’t have high chances of success, this option may not be offered.
How do you find a solicitor who agrees to work on this basis? As mentioned earlier, the personal injury solicitors in Dublin or other parts of Ireland cannot advertise that they work on a conditional fee basis. You need to talk to them to find this.
The easiest way to know whether a solicitor would work on your claim on this basis is to arrange for an appointment with him/her. Opt for a no obligation consultation with the solicitor. Discuss the details of the incident and any settlement offers from the responsible individual or organisation.
The solicitor would tell you whether he/she would take up the claim on this basis after the initial evaluation of the details. If he/she agrees to this arrangement, make sure you get every detail about it in a written contract.
Is it possible to avoid the legal costs? If you win the claim, you may not need to pay the legal costs. Whether the claim reaches a settlement at the Injuries Board or the Court, in most cases, the compensation includes the legal costs and the solicitor’s fees. You need to pay the solicitor’s fees only after you get the compensation.
If you lose the claim, you may have to pay the legal costs. In some cases, you may have to pay the legal costs of the other party too. It is best to get adequate insurance coverage before you make a claim. This would cover the costs in case you lose.
The first thing you need to do if you have suffered injuries in an accident is to seek medical aid. If you think that another individual or organisation caused the accident, the next step is to talk to a solicitor. If you have a meritorious claim, the solicitor may agree to take it up on a ‘no win no fee’ basis.
Evan Murphy is a legal expert and consultant. He provides a close look at the way no win no fee arrangement works. He suggests that you get in touch with a solicitor to understand the details of this arrangement.