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Injury Claim With a Solicitor, what would you think?

  • 23-10-2012 8:23pm
    #1
    socster
    Registered Users, Registered Users 2 Posts: 42 ✭


    A question popped into my head,

    see if anybody can help me..

    If a person gets injured at work, has surgery and expected injury time is 5 weeks. 15 weeks later the injured person has to go back to hospital because still in pain. The solicitor has taken on the case and is going to injuries board and to make a claim against the company, at the end of it - say 2 years. Who has to pay the legal costs of the solicitor? surely not the person who is going against the company has to pay up because he/she got injured due to bad working conditions?
    What happens if the company decline the injuries board and it gets taken to court? who then pays the solicitor for the added hassle?

    just to make my question easier, lets say the person hurt their back.
    50,000E (made up figure) was the figure they settled after 2 years, say the solicitor fee was 8,000 includ. vat, does that 8,000 come out of the 50,000? or does the insurance company of the business pay the 50,000 to the injured person then 8,000 to the solicitor? or does the injured person pay 8000 to the solicitor and get it back by the compensation?

    I cant seem to suss it out, maybe ye can!


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    The Injuries Board was established so you wouldn't need a solicitor. So if you retain one then it comes out of your settlement. If the case goes to court then the costs can be awarded for solicitor fees.


  • #3
    socster
    Registered Users, Registered Users 2 Posts: 42 ✭socster


    is there any way of taking the case to court rather than the piab? Like lets say a breach of health and safety of the company? Not for the money but for the sake of not having to pay a huge solicitor fee for hurting yourself due to the work places lack of heath and safety. Also if the solicitor has not told u about the costs or how much is expected and you continue to go to them for advice and hand in information, are you basically agreeing to their costs even if you dont know? Sorry just new into the whole law thing and these questions pop into my head..

    Better to ask then to stare at a wall and think :P


  • #4
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    socster wrote: »
    is there any way of taking the case to court rather than the piab? Like lets say a breach of health and safety of the company? Not for the money but for the sake of not having to pay a huge solicitor fee for hurting yourself due to the work places lack of heath and safety. Also if the solicitor has not told u about the costs or how much is expected and you continue to go to them for advice and hand in information, are you basically agreeing to their costs even if you dont know? Sorry just new into the whole law thing and these questions pop into my head..

    Better to ask then to stare at a wall and think :P

    Hey Socster,

    You're entitled to ask your solicitor as to what the expected bill will be or at least the basis of his costing, section 68 letter I believe its referred to.

    All personal injury cases must go through personal injuries board. There are certain limited cases that don't but for yours it does. Regarding huge legal fees, I've done plenty of research and reading on boards and "average" PIAB handling costs for a solicitor is around the 2K - 3K mark.

    There are certain limited situations where legal costs will be awarded by PIAB, e.g. for a minor, liability in dispute (I think), in general not many though.

    PIAB say its straight forward enough to handle directly. I'm personally going through solicitor.

    Hope this helps.


  • #5
    socster
    Registered Users, Registered Users 2 Posts: 42 ✭socster


    kennM wrote: »
    Hey Socster,

    You're entitled to ask your solicitor as to what the expected bill will be or at least the basis of his costing, section 68 letter I believe its referred to.

    All personal injury cases must go through personal injuries board. There are certain limited cases that don't but for yours it does. Regarding huge legal fees, I've done plenty of research and reading on boards and "average" PIAB handling costs for a solicitor is around the 2K - 3K mark.

    There are certain limited situations where legal costs will be awarded by PIAB, e.g. for a minor, liability in dispute (I think), in general not many though.

    PIAB say its straight forward enough to handle directly. I'm personally going through solicitor.

    Hope this helps.

    Yeah I was assuming so, i read up some piab stories and see that it was quite easy doing it yourself, however I was told by a&e in my local area that I would have to go through a solicitor.. they obv arent up to date!


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