Below are a list of the most frequentley asked questions, but if you wish to ask us anything that we havnt covered below, please feel free to contact us, and we will be happy to help.
Every case is different and before we make a recommendation we will discuss your case with you in detail. In many cases, it will be clear from the outset that you will succeed in being fully compensated. If however we believe you have no case we will tell you immediately. It will not be in your interest to pursue a case that stands little chance of success.
This will depend entirely on the nature of the case. Time required to finalise a case usually depends on the time anticipated for your full medical recovery. As a general rule we advise clients not to attempt to settle a case within 12 months (subject to the medical report and Counsel's advice) from the accident date, although many cases may take considerably longer.
Subject to certain very strict exceptions you have two years to commence legal proceedings for compensation from the date of your accident. However, if there are exceptional circumstances it may be possible to bring a claim after two years has elapsed. If you were under 18 when the accident occurred then the two year time limit does not commence until your 18th birthday. Court proceedings can commence at any time until you are 20 years of age. We would advise that all claims be pursued as soon as possible because witnesses are more likely to accurately remember what happened and more evidence will be available.
It is standard procedure in all cases for the Defendant's solicitors to furnish us with a "Notice for Particulars." This is a document which consists of a series of questions concerning your case including how the accident happened, details of witnesses, the nature of the injuries sustained, your progress to date, details of loss of earnings (if applicable), details of all expenses incurred as a result of the accident, names and addresses of your doctors etc. It is of the utmost importance that your replies are entirely accurate and truthful and failure to disclose a relevant fact which is requested by the defendants may seriously compromise your claim.
For the purpose of your claim we will request your doctor and / or the casualty consultant of any hospital you may have attended and any other medical practitioners, to prepare medical / legal reports on your injuries. We will notify you in writing of all medical appointments which we receive on your behalf. It is also standard procedure in all cases for Defendant's insurance company to request that you attend a doctor from their own panel of medical practitioners. Depending on the severity and nature of your injuries the insurers may wish to have you examined by more than one medical practitioner.
Every case is handled on the basis that it may end up in court, but in practice only a small number of our cases go that far. Most cases 98% are settled. Cases will only go to court because the defendant has offered insufficient compensation or because no compensation has been offered at all. If an offer of compensation is made then we and your Barrister will give advice but the final decision on whether or not to accept is entirely yours.
If we take on your case, it will be on a No Win, No Fee basis. This means if
your claim is unsuccessful we will charge no fees. If however your claim is d
ismissed by a court, the Judge may order that you pay the Defendant's costs.
If your claim is successful, you will be liable for the following costs:
Solicitors' Charges
We will supply you with details of costs once we receive instruction to pursue
your case or as soon as is practicable after that.
In writing we will advise you of:
Charges are calculated by reference to a number of factors including:
In addition to these charges, you will be responsible for payment of charges payable to third parties including government agencies.
Litigation
If we are dealing with a contentious matter for you, the law requires that the following
explanation be given to you. Unless otherwise agreed, when we send you a bill
of costs, you are responsible for the payment of that bill. You remain responsible
for this amount even where you win a settlement and a term of that settlement
is that you will be paid your costs. This is also the case where the defendant
or other third party is ordered by a court to pay your costs. We will seek to
recover as much as possible of the charges from the defendant or other third party.
When these monies are recovered, if you have already paid the charges, the money
will be refunded to you, less any costs incurred in their recovery. Otherwise,
they will be set off against the full amount due. The amount which the defendant
or other third party may agree or may be ordered to pay will not generally be
sufficient to cover your our entire charges. If the costs recovered from the other
party do not cover our charges, then you are obliged to make up the shortfall.
Possible Liability to Pay Costs of Other Parties
Even where we are satisfied that you have a good case, in the event of the following
circumstances arising, you may be liable to pay, in addition to your own costs,
the costs of the Defendant or other third parties.
Outlay
In the course of handling your claim we will incur certain items of outlay
including doctors' fees for preparing medical reports, stamp duty on the proceedings,
Counsel's fees for drafting, and in some cases fees of Litigation Engineers for
preparing reports. The outlay averages about €1,000 per case but in large cases
can be much more. If your claim succeeds we can usually recover most of the outlay
from the other side. You have the option of paying the outlay throughout the
duration of proceedings in which case the recoverable portion thereof will be
refunded to you at the successful conclusion of your case. Alternatively we can
pay the outlay on your behalf in which case a handling fee will be charged at
the conclusion of your case.
If your claim is successful, you will be awarded a sum of compensation intended to return you to the same financial position you would have been in had your accident not occurred. The amount of compensation to which you are entitled will vary in each case. The value of damages will be assessed under a number of categories and will depend on the nature and severity of your injuries, the resulting pain, suffering and inconvenience, the length of time for recovery and the prognosis for the future, and the effect on your normal activities. In addition to general damages you are entitled to claim compensation for all financial losses and expense sustained as a result of the accident, including loss of earnings, doctors' fees, hospital fees, medication, travelling expenses etc. We will discuss the value of your claim with you in detail at the time of settlement negotiations or prior to the Trial of your case.
Persons under the age of 18 years in law are known as minors or infants. Minors may not bring proceedings in their own name. They must be represented by a "next friend," usually one of the parents. If a minor reaches the age of 18 years before the claim settles, then he or she can continue the proceedings in his or her own name at that stage. Any compensation awarded to a minor is lodged into the court bank account and becomes payable to the minor together with interest when he or she reaches the age of 18 years. Any settlement of a case involving a minor must be approved by the court.