No Win No Fee Medical Negligence Solicitors in Ireland

Published by Richard O'Shea, Head of Injury Department | Medical Negligence Specialist

The cost of pursuing a medical negligence claim can seem daunting—expert medical reports, legal fees, and court costs can run into tens of thousands of euros. This is why most medical negligence solicitors in Ireland, including our firm, offer no win no fee arrangements. This funding model removes financial barriers and allows people with legitimate claims to seek justice regardless of their financial circumstances.

What Does "No Win No Fee" Actually Mean?

A no win no fee agreement (also called a Conditional Fee Agreement or CFA) means exactly what it says:

• If you win: Your solicitor's fees and most case expenses are recovered from the defendant (the doctor, hospital, or healthcare provider you're claiming against)
• If you lose: You don't pay your solicitor's professional fees

This means you can pursue a medical negligence claim without any upfront payment and without the fear of being bankrupted if your case is unsuccessful.

How Does No Win No Fee Work in Practice?

Step 1: Initial Consultation (Free)

Your first consultation with the solicitor is free and without obligation. During this meeting, you'll explain what happened, and the solicitor will give you an initial assessment of whether you might have a viable claim. If they believe you do, they'll explain how a no win no fee arrangement would work for your specific case.

Step 2: Signing the Agreement

If you decide to proceed, you'll sign a Conditional Fee Agreement. This legal document sets out:

• That you won't pay legal fees if the case is unsuccessful
• How legal fees will be calculated if you win
• What happens with disbursements (out-of-pocket expenses like medical reports)
• Your solicitor's obligations to you
• Your obligations (such as providing information and attending medical examinations)

Read this agreement carefully and ask questions about anything you don't understand. A reputable solicitor will explain everything in plain English.

Step 3: Building Your Case (No Cost to You)

Your solicitor will now invest significant time and money into building your case:

• Obtaining and reviewing your complete medical records
• Instructing independent medical experts (which can cost €3,000-€10,000+ per expert)
• Gathering witness statements and additional evidence
• Corresponding with the defendant and their legal team
• Negotiating settlement offers
• If necessary, issuing and managing court proceedings

Throughout this process, you pay nothing. Your solicitor bears all these costs.

Step 4: If You Win

When your case settles or you win at trial:

• You receive your compensation award
• The defendant pays your solicitor's professional fees and disbursements separately
• Your compensation is yours—it doesn't go toward legal fees

In Ireland, when you win a medical negligence case, the defendant typically pays your reasonable legal costs on top of your compensation. This is different from some other countries where legal fees come out of the award.

Step 5: If You Lose

If your case is unsuccessful:

• You don't pay your solicitor's professional fees
• However, you may be liable for some of the defendant's legal costs (this is called "adverse costs")
• You may also be liable for some disbursements, depending on your agreement

The risk of adverse costs is the main financial risk in no win no fee arrangements, which is why After the Event (ATE) insurance is so important.

What Is After the Event (ATE) Insurance?

After the Event insurance protects you from having to pay the defendant's legal costs if you lose your case. With ATE insurance in place:

• If you lose, the insurance company pays the defendant's costs (not you)
• If you win, the insurance premium is usually recovered from the defendant
• You typically pay nothing for the insurance upfront

ATE insurance effectively makes your claim genuinely risk-free. Your solicitor will arrange this for you if your case has reasonable prospects of success.

What About Disbursements and Out-of-Pocket Expenses?

Disbursements are out-of-pocket expenses your solicitor incurs while pursuing your claim, such as:

• Medical expert reports (€3,000-€10,000+)
• Court fees
• Barristers' fees
• Medical examination costs
• Medical records fees

How disbursements are handled varies:

• If you win: Disbursements are recovered from the defendant
• If you lose: Some solicitors will cover these costs themselves; others may require you to pay them. This should be clearly set out in your agreement.

Reputable solicitors often absorb these costs themselves if the case fails, provided the case had reasonable prospects when it was taken on. Always clarify this point before signing any agreement.

Are There Any Hidden Fees?

With a reputable medical negligence solicitor operating a genuine no win no fee arrangement, there should be no hidden fees. Everything should be clearly explained upfront:

• What you pay if you win (typically nothing, as costs come from the defendant)
• What you pay if you lose (typically nothing for professional fees; ATE insurance should cover adverse costs)
• Who pays for disbursements in various scenarios
• Whether there's any percentage deduction from your compensation (this is not standard practice in Ireland)

Be wary of any solicitor who is vague about fees or suggests taking a percentage of your compensation. Ask for everything in writing.

Why Do Solicitors Offer No Win No Fee?

No win no fee arrangements serve everyone's interests:

• For you: Access to justice without financial barriers
• For your solicitor: Confidence in only taking on cases with reasonable prospects of success, knowing their fees will be paid if they win

This arrangement also means your solicitor has a strong incentive to secure the maximum compensation possible—their fees depend on winning your case.

Will My Solicitor Take Any Case on No Win No Fee?

No. Because solicitors bear the financial risk if a case fails, they only offer no win no fee for cases they believe have reasonable prospects of success. This is actually to your benefit—if an experienced medical negligence solicitor won't take your case on no win no fee, it's likely because they don't believe it will succeed.

A solicitor who takes on weak cases just to collect fees (knowing they'll likely fail) is not acting in your best interests.

The Bottom Line

No win no fee arrangements make medical negligence claims accessible to everyone with a legitimate case, regardless of financial means. With ATE insurance protecting you from adverse costs, the financial risk is genuinely minimal.

If you've been harmed by medical negligence, don't let financial concerns prevent you from seeking justice. A reputable no win no fee solicitor will assess your case honestly and clearly explain all costs and risks before you commit to anything.