Legal costs are an important part of any personal injury matter. This page explains, in general terms, the types of costs and outlays that may arise in a personal injury claim in Ireland.
Injured.ie is operated by Lalloo Solicitors, a Dublin law firm advising clients in personal injury and litigation matters. The exact costs position in any case depends on the facts, the work required, the evidence needed and how the matter progresses.
Why legal costs should be discussed early
A person considering a personal injury claim should understand the likely costs position before deciding how to proceed. Costs may include solicitor’s professional fees, outlays, medical report fees, expert report fees, barrister’s fees, Injuries Resolution Board fees and court-related costs where proceedings become necessary.
The exact costs position should be explained in writing by the solicitor instructed in the matter.
Legal costs notices
When a solicitor receives instructions, the solicitor is required to provide information about legal costs in clear language. Where it is not reasonably practicable to give a precise figure at the outset, the solicitor should explain the basis on which costs will be calculated.
The costs position may need to be updated as the matter develops, particularly if further medical evidence, expert reports, settlement discussions or court proceedings are required.
Professional fees and outlays
Professional fees are the solicitor’s charges for legal work carried out. Outlays are payments made to third parties as part of progressing the matter.
Examples of outlays may include, but are not limited to:
- medical report fees;
- hospital or GP record fees;
- Injuries Resolution Board application fees;
- engineer or expert report fees;
- barrister’s fees;
- court stamp duty or court-related fees where proceedings are issued.
Medical reports and expert reports
Medical evidence is usually important in a personal injury claim. Depending on the case, a medical report may be required from a treating doctor, consultant or other medical specialist.
In some claims, additional expert evidence may also be needed. For example, an engineer may be required in an accident at work or a public place accident where liability is disputed. Relevant circumstances may include road accidents, footpath accidents and supermarket accidents.
Costs and settlement
The treatment of legal costs can vary depending on how a claim is resolved. Some matters are resolved following assessment, some settle by agreement, and some require court proceedings.
The fact that a claim is made does not guarantee any particular outcome. Costs should be discussed with the solicitor dealing with the matter before decisions are made about settlement, assessment or court proceedings.
Percentage charging in contentious business
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
This is an important rule in personal injury and litigation matters.
Questions to ask your solicitor about costs
Before instructing a solicitor, it may be useful to ask:
- What work is likely to be required?
- What outlays may arise?
- Will medical reports or expert reports be needed?
- How will professional fees be calculated?
- What happens if the matter is assessed by the Injuries Resolution Board?
- What happens if court proceedings are required?
- When will I receive written information about costs?
How Lalloo Solicitors deals with costs
Lalloo Solicitors explains the costs position in writing when taking instructions. The approach depends on the circumstances of the case, the likely work involved and the evidence required.
If you are considering taking advice about a personal injury matter, you can contact the office and provide a short summary of what happened. No solicitor-client relationship arises unless Lalloo Solicitors confirms its appointment in writing.
Frequently asked questions
Does every personal injury claim have the same costs?
No. The costs position depends on the facts of the case, the evidence required, the stage at which the matter resolves and whether court proceedings are needed.
Are medical report fees separate from solicitor’s professional fees?
Medical report fees are usually outlays paid to third parties. They are separate from the solicitor’s professional fees.
Can legal fees be calculated as a percentage of compensation?
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Will I receive written information about legal costs?
A solicitor should provide clear written information about legal costs or, where a precise figure cannot be given at the outset, the basis on which costs will be calculated.
Does contacting Injured.ie create a solicitor-client relationship?
No. A solicitor-client relationship does not arise unless Lalloo Solicitors confirms its appointment in writing.
Further factual guides are available in our Legal Updates section.