Terms and Conditions of the Fixed Fee Personal Injury Case

1. Certain phrases in the below terms and conditions have been specifically defined – please
   see the “Definitions” part at the end of the document.
2. We offer “Fixed Fee Personal Injuries Case”.
3. Our fixed fee is €800+vat (€984) and is offered in relation to every case where complete instructions were sent via the form on our website (theSolicitor.ie). Sending your instructions via the form on our website and receiving an email back with the contents of your instructions does not confirm acceptance of your instructions by Us. We do not act for You until we confirm this is separate correspondence.
4. “Fixed fee offer” applies to PIAB process only
5. The fee is payable at the successful outcome of the PIAB process, i.e. when the Assessment is accepted by both parties and payable from the compensation received.
6. Any other fees put forward and listed in schedule of special damages and awarded by PIAB in assessment (e.g. translation fee, contribution to legal fees etc.) are paid to Us on top of the fixed fee. Similarly, if an a reasonable offer is made during the process any contribution towards legal fees offered is also on top of the “fixed fee”.
7. The Client, i.e. you, authorises us to receive the compensation into the Client Account.
8. The Client pays appropriate medical report fee and €45. The cost of medical report fee varies from €250 to about €600 (or more in case of some doctors and specialists). We will add the full medical report fee and PIAB fee to the special damages. PIAB does not always award the full amount of the expenses but we will endeavour to recover as much as possible of your expenses.
9. If the Client suffered any other losses or expenses (including loss of earnings), we will supply it to PIAB. We will contact you by email and by phone asking you for the documents vouching those losses. We will contact you up to two times by email and up to two times by phone. If you do not provide the vouchers within 45 days after the first email to you with request for the special damages vouchers, we will not be liable for any failure to include your special damages in the claim.
10. The fixed fee offer includes 2 consultations (phone, in person / in office, online). Initial consultation and consultation regarding the assessment and whether to accept or reject it. We reserve the right to charge you a reasonable fee for additional consultations.
11. All communication between us and the Client is via email and phone only. We will not post letters unless it is required by the PIAB or Court Rules.
12. Sometimes, despite our efforts an Authorisation may issue. This means that the PIAB cannot for some reason assess your injury. Unless we advise otherwise, we are going to represent you in court proceedings issued on foot of the PIAB Authorisation.
13. If an Authorisation issues and for whatever reason the Client does not decide to proceed with the case to court and / or fails to instruct us to issue court proceedings despite our advice to the contrary or does not proceed with the case to Court with this office representing the Client, we reserve the right to charge you a reasonable fee for the work done to date.

Definitions:

• Fixed Fee Personal Injuries Case – Bringing a claim for compensation for personal injuries
  for a fixed fee. This is a fixed fee in relation to the PIAB process only.
• Fixed fee – a set fee, which is €800 plus VAT, i.e. €984 including VAT,
• Assessment – this is the determination by the PIAB of the amount of compensation
  payable as a result of the accident / injury
• Us / We– Rostra Solicitors
• Contribution towards legal fees – a payment made by the insurer/ respondent/ defendant
  towards legal fees incurred.
• The Client, i.e. you, the person who suffered injury.
• Client Account – Rostra Solicitors Client Account.
• Medical report fee – the fee payable to the doctor for the preparation of a medical report setting out your injuries, treatment, prognosis.
• PIAB Fee €45 – this is the Application Fee to PIAB for making an application for compensation.
• Special damages including loss of earnings) – special damages are your “out of pocket” expenses as a result of the accident / injury, and include medical expenses, hospital expenses, pharmacy, travel where necessary. It is important to keep all of your receipts for these as it is virtually impossible to claim for expenses that do not have a receipt. Your “loss of earnings” is the loss in pay, or reduction in pay you suffer as a result of the accident/ injury.
• Consultations – these include phone, virtual or in person meetings.
• Email and phone only – supplied by you, the Client and updated by you the Client. If Client fails to update the contact details any contact to old is deemed proper performance of our obligations under this Agreement / offer.
• Authorisation – when the PIAB releases a claim from its process, as it was unable to assess the claim, or it did assess the claim, and the Assessment was rejected by either party.
• Court proceedings – issuing your case in the Court (District, Circuit or High Court) for a Judge to decide on the issues of liability (i.e. who is at fault) and if compensation is to be awarded, and how much if so.
• Reasonable fee – calculated by reference to the hourly rates specified in s. 150 letter.