10/05/2021 by McKenna and Co Solicitors
Should I make a claim?
Some things to consider before pursuing legal action
Something’s happened, maybe you’ve slipped and fallen in a public place, had a coffee spilt on you on an airplane, or had a contract fall through? Whatever it is, you’re considering bringing a legal claim against the person/company/public authority, but aren’t sure.
Firstly, we hope you’re doing ok.
No matter how bad the injury/breach is, sometimes it’s the mental impact that lasts the longest. Be sure to take care of yourself in what can be a stressful or challenging time. Some things to consider:
Depending on the case, the time length varies. However, if you do decide to pursue legal action be aware that there’s a good chance that it will go on for much longer than you initially may have thought.
Many solicitors offer no-win no-fee cases for litigation. This means that they won’t charge a professional fee unless you win but this does mean that if you lose, you will have to pay for outlay (costs), which the solicitor
may have initially paid for, such as medical reports.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement*, which is beneficial to litigants. It means that say you won €15,000 in a final settlement, the
solicitor wouldn’t be able to charge 1%, for example. Weigh up the risks of winning and losing, would they justify the costs that youwill inevitably accrue?
For some clients, they are determined to see their claim through to the end to ensure that it won’t happen to others or to raise awareness. This can be a very compelling factor for people on deciding to pursue legal action. For example, a litigant in a road traffic accident may want to pursue the local authority to ensure road signs get put up so that people will slow down and there will, hopefully, not be another road traffic accident.
4. The Process
It is important to remember that the vast majority of claims brought by individuals in Ireland are settled out of court. Of course, there is always a risk attachedto claims but court is not an inevitable conclusion, so there’s no need to fear
We hope this offered some guidance on whether or not you’re going to pursue your claim, but if you have any further questions or queries, please don’t hesitate to contact us on 01 485 4563.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*