Most people are concerned by the potential costs of court proceedings when making a personal injury claim.

Generally, under the Courts system, ‘costs follow the event’ such that the wrongdoer pays the injured party’s costs of seeking compensation in addition to the compensation itself. This means that if you are successful in your case, the defendant has to pay all or most of your legal expenses in addition to your compensation award.

The defendant will pay for the solicitors’ professional fees, engineer’s fees, medical report fees, other expert report fees. However there are instances where a shortfall occurs between what the defendant is ordered to pay and the actual costs incurred by the Plaintiff.  In such circumstances, the Plaintiff will be responsible for these fees, usually paid out of any compensation award.

Some costs are not routinely covered, and these include a portion of the witnesses’ fees, and in particular, expert witnesses’ fees. You will likely have to pay these sums out of your compensation award, or otherwise out of your own pocket. This includes the initial application fee to the Injuries Board.

However, it is important to realize that most personal injury cases never reach court at all. Instead, they are successfully settled outside of court.

Discuss the financing of your case with your solicitor at the beginning of the claim process.
Your solicitor is obliged to furnish you with an explanation and the basis for all legal charges when he takes on your case.  (Section 68 of the Solicitors Amendment Act 1994).