Personal injury settlement payment

sharon1969

Hi all, just wondering if anyone has been through the settlement process that could advise me. I submitted a claim through injuries board. I didn't use a solicitor but eventually was given a satisfactory assessment. The insurance company of the defendant left it till last day and then declined to accept! So then I contacted the insurance company directly and asked how they wished to proceed as I thought the assessment was fair and to date had no legal costs. Basically they treated me like a Muppet offering less than half of assessment. It was so out of any ball park considering I had had to undergo surgery due to their clients negligence that I couldn't deal with them at all. This took around 15 months. I then had to get a solicitor. Originally I was told by phone only that most costs would be recovered from other side. 6 months. .just under. .solicitor now tells me my party to party costs are €3,500 plus tax. . Around €4,200. Not what I was expecting. So out of blue, other side comes to us with offer 5k less than injuries board assessed. I told solicitor to accept it. . This was a straight offer. . No meetings, medical stuff. . Nothing. She came back to me next dc saying she'd put in counter offer of 5k more! Luckily it paid off and 3 weeks later they agreed. However, now solicitor has sent me letter to sign over settlement cheque when they get it to be paid into solicitor account and another authority to transfer balance minus deductions and costs to my account. They still haven't confirmed my costs in writing or the total amount of the settlement cheque. They have sent a letter saying settlement €xxxk special damages €xxxk and circuit court costs. . This is what the cheque would be but no monetary amount for costs so I can't know what total of cheque is. Also I'm nervous to agreeing to deductions from my settlement when they haven't given me their verbal quote in writing. Also I am being asked for a copy of my bank statement before they transfer anything. . Is this normal? Any advice or experience would be gratefully received. I am willing to suck up the 4k even tho it seems a bit much considering I paid for all medical, reports, scans etc up front before solicitor even got involved.

Kristopherus

Hi, OP. I think you are posting in the wrong forum. You should ask a Mod to move your thread to the appropriate forum.

Boards.ie: Mark

Hi sharon1969, welcome to Boards. I think the Legal Discussion forum might be the best place to ask this question. Hopefully some knowledgeable people there can help you.

sharon1969

Thank you. Sorry. . First time posting! Could you advise me how to get it moved. I couldn't see how to do it! Thank you.

Boards.ie: Mark

I've moved this over to Legal Discussion. Please everyone take note of the forum's charter.

sharon1969

Many thanks Mark.

treascon

I would advise that you don't sign anything until solicitor gives you confirmation of settlement amount & their fees (in writing). Otherwise you have no idea of what you are receiving. With the bank statement i would have no problem giving them a copy blacking out any monetary details/transactions and only leaving your name, address, bank details showing

Claw Hammer

I can see no reason why they want to see a copy of a bank statement. seeking information like that is a breach of the Data Protection Act. The fact that no statement of fees has been made in writing is a breach of the Solicitors Acts. I would not sign over any settlement to such a solicitor. I would demand to get the settlement cheque in full on the handing over of the reasonable fees of the solicitor with the fees advised in writing beforehand.

Claw Hammer

I would ask for details of the fees and have a draft for that amount to exchange for the settlement cheque. There is no need for the solicitor to take your settlement cheque, nor get bank details. /Mod deletion

schemingbohemia

Ask your solicitor for a Section 68 letter and say you're surprised it wasn't issued before now.
https://www.lawsociety.ie/Public/Legal-guides/Legal-Charges/

Also, please use paragraphs, it's really difficult to read your post.

NUTLEY BOY

+1 the previous about the S.68 letter. That was a basic omission if it was not issued before you gave instructions to act.

Your solicitor should not consider that they have a lien on your damages cheque. That is just too presumptuous.

The reference to party and party costs is confusing me. Party and party costs would be those payable by the other party's insurers to OP's solicitor for the work done in making the claim. Sometimes, certain costs items are not recoverable at all, or only in part, as party and party costs. In that case the balance is usually billed to the client as a solicitor and client fee.

Strictly speaking the costs are payable by the client to the solicitor but recovered from the insurers on a party and party basis. Practically, the other person's insurers usually agree the costs and pay the solicitor's costs directly. Be careful that the solicitor is not double billing i.e. charging the €4,200 to the client and getting it again from the other party's insurers. Naughty and not nice.

The other possibility is that the solicitor has agreed an inclusive or all in settlement with the insurers. In that case the insurers just issue one cheque to include the damages and the costs and the solicitor and client sort it out thereafter. In this arrangement the costs are being taken out of the settlement. If that is what is going on I am not impressed as any such arrangement should have been agreed first with the client. Maybe it was agreed on this basis but only OP knows that. Also, this might be a good explanation as to why the solicitor put in a counter-offer of an additional €5,000 to cater for the costs element.

sharon1969

NUTLEY BOY wrote: »

+1 the previous about the S.68 letter. That was a basic omission if it was not issued before you gave instructions to act.

Your solicitor should not consider that they have a lien on your damages cheque. That is just too presumptuous.

The reference to party and party costs is confusing me. Party and party costs would be those payable by the other party's insurers to OP's solicitor for the work done in making the claim. Sometimes, certain costs items are not recoverable at all, or only in part, as party and party costs. In that case the balance is usually billed to the client as a solicitor and client fee.

Strictly speaking the costs are payable by the client to the solicitor but recovered from the insurers on a party and party basis. Practically, the other person's insurers usually agree the costs and pay the solicitor's costs directly. Be careful that the solicitor is not double billing i.e. charging the €4,200 to the client and getting it again from the other party's insurers. Naughty and not nice.

The other possibility is that the solicitor has agreed an inclusive or all in settlement with the insurers. In that case the insurers just issue one cheque to include the damages and the costs and the solicitor and client sort it out thereafter. In this arrangement the costs are being taken out of the settlement. If that is what is going on I am not impressed as any such arrangement should have been agreed first with the client. Maybe it was agreed on this basis but only OP knows that. Also, this might be a good explanation as to why the solicitor put in a counter-offer of an additional €5,000 to cater for the costs element.

You're right in that I got party to party and solicitor client costs muddled up!

I was told that the other side would pay circuit court costs but it looks like I'm being hit with rest.

I haven't even seen the settlement agreement yet.
I think your last case scenario sounds about right and I do believe it is one cheque that will be issued.

At the end of the day, I am happy with the settlement so I don't really care what way it was worked out as long as I'm getting what I agreed to and I have now got that in writing.

It's a terrible process in that the insurer is paying out more than the original injuries board assessment that they wouldn't agree to months ago. The only people to benefit from this is the legal profession.

I just hope there is no more game playing and they pay up in a timely manner. .whatever that is. I'm told 6-8 weeks, so we'll see.

Pat Mustard

sharon1969 wrote: »

I was told that the other side would pay circuit court costs but it looks like I'm being hit with rest.

I haven't even seen the settlement agreement yet.
I think your last case scenario sounds about right and I do believe it is one cheque that will be issued.

There appears to be a lack of clarity in relation to the circumstances of the settlement, as to whether it was all-in or settled for damages and costs. There is further lack of clarity as to what was agreed to be paid by the client to the solicitor.

I think that you should meet with your solicitor and ask for all of these matters to be clarified.



Mod:

As this thread concerns legal matters which impact upon how much money the OP will get, this thread is now closed and the OP is directed to seek further independent legal advice, if it becomes necessary to do so.