initial outlay to issue proceedings in circuit court

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greencl

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dear folks:
i would like to take a second opinion and re assure my self. In a persoanl injury case where possibile pay out could be range of €7000/- to €10,000/- the defendant did not agree for PIAB assessment so i have to issue proceedings, my solicitor is asking me to take a small compensation €1600/- from defndants insurance comapny and settle off.
This is because he said i need an initial outlay of €3000/- to proceed further . so how much it would take to issue proceedings? is €3000/- correct or just a figure to caution me, solictor said he will not proceed unless i pay €3000/- upfront and it is in no win no fee deal, still that is advance to barrister and other charges... is this okay?

give me some comments to think and what could be right charges
 
It is standard enough to make some for of payment on account in relation to court proceedings.

If you are found to have a personal injury that was caused by the defendent and an award of damages is made your legal costs will be paid for by the defendant insurance company.
 
Many Thanks for help.
first time like this. did a lot of browsing on internet did get far. This is good however i am just wondering with all pending cases in courts piling up i am wondering how people are forking out so much even in middle of recession with complete knowledge that anything can happen in court on the given day. Just a passing thought.
if i am the defendat i would offer middleway and get on with life. i will propose new figure.
 
Costs down in Cork would be 12.5% of the award plus €2500 as liability is in dispute, plus about €600 for misc outlays. On top of this you would probably be facing about €2000 for a barrister and perhaps €1000 for a doctor. if you need an engineer, you would be facing about €1500. All of these, save the doctor would be plus VAT.

If you lose the case and costs are awarded against you, then you would be paying around the same amount again to the defendants legal team.

Do the sums.

There is nothing certain in law - except expense!
 
€3,000 seems a lot to start a case. It all depends on the type of case.

A possible breakdown would be Engineers Report €500- 750 plus vat
Medical reports GP and consultant €700 - no vat

Court fees and commisioners fees on verifying affidavits etc - €100.

A barristers opinion on whether there was a good cause of action €250-500

If the solicitor and barrister think there is a good case on liability they may launch the case without payment up front of the legal fees.

If they are seeking some of the legal fees up front they are either inundated with personal injury work or think you have a weak case.
 
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