If you have been injured in Ireland and it wasn’t your fault, then the chances are you will have little difficulty getting a solicitor to agree to take on your case on a no win, no fee (sometimes also called no foal, no fee) basis. The fact of the matter is, even though solicitors are prohibited from broadcasting this service to prospective clients by solicitor advertising regulations, that the majority of personal injury claims* in Ireland are taken on by solicitors on a no-win no-fee basis. Importantly solicitors are not prohibited from taking on cases on a no win no fee basis but merely prevented from advertising that fact.
What Does No-Win, No-Fee Mean?
No-Win, No-Fee means that if your case is unsuccessful your solicitor will not charge you any fees. If a consulting engineer is required as an expert witness to prepare a report on your accident they also usually agree to operate on a no-win no-fee basis.
What If I Lose My Case Could I Be Liable For The Other Side’s Legal Costs?
There is absolutely no financial or costs bringing your claim through the InjuriesBoard.ie/PIAB process, which is where all personal injury cases must be brought before they can go to court. This is because Board has no power to award costs against a claimant. It should be borne in mind that only a minority of personal injury cases ever end up in the court process, and of the cases that do only a very small fraction of them ever end up going to hearing before a judge.
But you really should not let the possible risks associated bringing court proceedings discourage you unduly because if you have a valid claim and do not give false or misleading evidence about your injuries your risk of losing your case is very low. In all cases, you will be fully advised by us and your barrister of the prospects of success and the risks as your case progresses. In addition, in appropriate cases we can help arrange After the Event (ATE) or legal expense insurance which eliminates the risk to you as this covers the other side’s legal costs if you lose your case. Usually the premium for ATE insurance is only paid on the successful conclusion of a case and is not payable if you lose.
If My Personal Injury Claim Is Successful Do You Charge A Percentage Or A Success Fee?
Solicitors are prohibited from charging a percentage in contentious work such as personal injury cases and we never charge a success fee. If your case settles at an early stage before the InjuriesBoard.ie/PIAB process or ‘on the steps’ of court, we always try and maximise the amount the other side contributes towards your legal costs. In many cases the other side covers your entire legal costs but sometimes you may be asked to cover any shortfall.
How Do I Know If I Can Bring A No Win No Fee Personal Injury Claim?
You should discuss your case with a personal injury solicitor. We would be more than happy to provide no obligation legal advice so please feel free to contact us today to pursue your legal right to make a claim.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.