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No win no fee claim

  • 25-01-2012 3:09pm
    #1
    bfocusd
    Closed Accounts Posts: 723 ✭✭✭


    Hi, If anyone can direct me on this it would be much appreciated.

    A relative put in a personal injury claim, the person is a minor, the injury happened in 08 and the last year the claim has been on going.

    We just received a phone call to say the owners of the land had an indemnity clause with the company who was doing work on behalf of them, the contractor Is in liquidation and the solicitor said the contractors insurance is void.

    Basically saying they have no money to pay, if we take them to court and loose, the bill will be for both the contractors and our solicitor fees.

    But the thing is, the solicitor said if we decide to not follow up on the claim it will be written off and we have to settle his bill.
    And if we go ahead and win, we still won't get any payment as the company is in liquidation, but his fees still need payment.

    So the options are, pay his bill as it is now, or go to court, and possible loose, but then both solicitors fees will have to be cleared by us.

    When we initially spoke to the solicitor we were assured that if we don't win the case there are no payments and if we do win his payment is charged to the people at fault, as the person injured is a minor. We are still being told the person injured is entitled to a significant amount of money

    Can anyone tell me where we stand or advise us, from what he's told us we owe him regardless of the outcome.

    None of this paying his bills was ever mentioned until after the initial talk about it being no win no fee. But today he's said his bills to be paid regardless, it's approx 400, I know it's not a huge amount of money, but it was all done under the condition it was no win no fee.


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    The sum of 400 sounds more like outlays than a legal bill. Medical report are between 250 and 350 and PIAB is currently 45. Do to be honest it does not seem he is charging you and legal fees.


  • #3
    bfocusd
    Closed Accounts Posts: 723 ✭✭✭bfocusd


    ResearchWill wrote: »
    The sum of 400 sounds more like outlays than a legal bill. Medical report are between 250 and 350 and PIAB is currently 45. Do to be honest it does not seem he is charging you and legal fees.

    But is that normal to happen? we were told we wouldn't have to pay a cent no matter what the outcome


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    bfocusd wrote: »
    But is that normal to happen? we were told we wouldn't have to pay a cent no matter what the outcome

    The solicitor can only say you would not have to pay his own fees. Other fees are something he can not promise about. He has paid out of his pocket to pay your doctor and fee for PIAB why should he now be down for all the work he has done but he must also be at a lose for the money he has paid on the plaintiffs behalf.

    Check the section 68 letter or any other letter the solicitor has sent to see if it does in fact say you will pay nothing at all no matter what.


  • #5
    bfocusd
    Closed Accounts Posts: 723 ✭✭✭bfocusd


    I wouldn't mind if I had been told from the start, its because its out if the blue that's whats frustrating.
    I will look into that thanks.


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