Litigation in personal injury law and personal injury claims – our guide

  1. Litigation-in-personal-injury-law

The process of taking a case through court is called ‘litigation’. Before you undertake your personal injury claim, it is important you know where you stand in terms of what will be expected of you financially and in terms of your costs. At DJ Synnott Solicitors, as experienced injury solicitors based in Dublin but serving the entire country, we’ll sit down with you and go through the legal issues that constitute the whole area of litigation and ensure you understand the litigation process.

Generally speaking, if your solicitor is dealing with a contentious matter for you, the law requires that the following explanation be given to you. Unless otherwise agreed, when your solicitor sends you a bill of costs, you are responsible for the payment of that bill. It is also very important to note that you remain responsible for this amount even where you reach a settlement with the defendant or any other third party and a term of that settlement is that you will be paid your costs.

In situations where the defendant or other third party is ordered by a court to pay your costs, this is also relevant. Here, your solicitor will seek to recover as much as possible of the charges from the defendant or other third party. When this money is recovered, if you have already paid your solicitor, it will be refunded to you, less any costs incurred in their recovery. Otherwise, they will be set off against the full amount due to your solicitor.

Usually, the amount which the defendant or other third party may agree or may be ordered to pay will not generally be sufficient to set off your solicitor’s entire charges. If the costs recovered from the other party are insufficient to pay your legal costs to your solicitor, then you remain liable to make up the shortfall.

At DJ Synnott, we are compensation claims experts and believe in absolute transparency and we want you to understand every aspect of your personal injury claim where possible. This can be quite a technical area of law so feel free to make some notes on the above and call us to discuss on Locall 1850 20 40 60 or tell us about your case. We look forward to hearing from you.