Solicitors fees

movingstatue

Hi, was involved in a RTA. Wanted to go via PIAB board but defendant refused. Preparing now for case with my solicitor on no foal no fee basis. My Slr informed me that defendant Slr wants full medical history disclosure for from 1y before accident. I agreed with my Slr no issue with disclosure. But my Slr is now asking for reimbursement of the medical report costs running into hundreds of euro. I was not aware nor Slr didn't make me aware that I had to pay. As defendants Slr wants my medical reports should they not pay?

Pat Mustard

Medical report costs are legal costs. However, not all medical report costs are recoverable.

When a personal injury case settles or is assessed/tried in court, the hope is that legal costs would be awarded in addition to whatever sum is awarded for damages, if anything.

Until such time, somebody has to cover the cost of the medical reports.

ResearchWill

movingstatue wrote: »

Hi, was involved in a RTA. Wanted to go via PIAB board but defendant refused. Preparing now for case with my solicitor on no foal no fee basis. My Slr informed me that defendant Slr wants full medical history disclosure for from 1y before accident. I agreed with my Slr no issue with disclosure. But my Slr is now asking for reimbursement of the medical report costs running into hundreds of euro. I was not aware nor Slr didn't make me aware that I had to pay. As defendants Slr wants my medical reports should they not pay?

No foal no fee means exactly that, the solicitor does not get paid for his work. But in the running of any case other professionals have to be asked for thier help and provide copy of files and reports. It's funny those people want to get paid for their work. So your solicitor has two options the first is to pay these fees out of his own pocket, (btw the cost of stamp duty and town agents fees will amount to around €500 which he will have paid on your behalf) the second option is to ask you to pay. Some solicitors will pay out of their own pocket (remember only 100 cases would on average add up to about €100,000.) to be honest most solicitors don't have the cash flow to carry that level of outlays.

movingstatue

thanks for reply. I did suspect someone would have to pay up in advance. Just wondering as its the defendants solicitor who are seeking disclosure of medical documents in advance of court, should it be up to them to cover the cost of these not me or my solicitor?

corkgirl246

Nope..its up to you to foot the bill for now. Very normal for your solicitor to ask you to pay for it as otherwise he is out of pocket until the case comes to a conclusion. No, other side won't pay for it now. You need a medical report for PIAB and you are the one who has to get this. If you win, the other side will reimbursed you for you medical report fee.

littlemac1980

movingstatue wrote: »

thanks for reply. I did suspect someone would have to pay up in advance. Just wondering as its the defendants solicitor who are seeking disclosure of medical documents in advance of court, should it be up to them to cover the cost of these not me or my solicitor?

What your suggesting may appear to make sense, but you have to remember that you are the one suing the defendant.

Just try to imagine what the world would be like if a defendant had to pay the plaintiff's expenses (incurred gathering evidence and building their case against them) simply because the plaintiff has alleged that the defendant caused them some harm.

McCrack

On a side I hate this "no win no fee" thing that gets thrown about. It doesn't exist in personal injury litigation. You may come to such an arrangement with your solicitor taking the case but if you lose you will have to pay the other sides costs, ie the defendants costs.

drkpower

movingstatue wrote: »

Hi, was involved in a RTA. Wanted to go via PIAB board but defendant refused. Preparing now for case with my solicitor on no foal no fee basis. My Slr informed me that defendant Slr wants full medical history disclosure for from 1y before accident. I agreed with my Slr no issue with disclosure. But my Slr is now asking for reimbursement of the medical report costs running into hundreds of euro. I was not aware nor Slr didn't make me aware that I had to pay. As defendants Slr wants my medical reports should they not pay?

It sounds like what was agreed was that you would make discovery of your medical history for the last year. That usually involves the disclosure of your medical records for that period (ie. the written/computerised records held by your GP and/or specialist). Im not sure why you needed a medical report in those circumstances.

Your records should be available from your doctors for a relatively nominal fee.

Mr. Incognito

You are alleging fault.

They are defending. They are entitled to seek copies of medical history.

Their defence cannot be hampered by financial ability to defend case so you'll be stumping up for anything they seek until you prove your case in which case they'll be liable for costs unless the court apportions it.