Understanding Legal Costs in Private Personal Injury Defence Cases

Legal fees can seem daunting, particularly if you have never instructed a solicitor before. Unlike many other services, there is no fixed menu of prices because no two legal matters are ever exactly the same. A straightforward claim may resolve within a few weeks, whereas another case involving similar allegations may continue for many months or even years.

At Hopkins Solicitors, we believe clients should understand exactly how legal costs work before they instruct us. The more transparent we can be about our charging structure, the easier it is for you to make an informed decision about whether legal representation is right for you.

This article explains how legal costs work in privately funded defendant personal injury matters, why solicitors charge by the hour, what “units” actually mean, how time recording works, and why professional legal advice represents far more than simply the time spent writing letters or attending court.

Whether you have received a Letter of Claim following an accident, have been threatened with legal proceedings, or simply want advice on your position, understanding legal costs is an important part of choosing the right solicitor.

Why defendant personal injury cases require specialist advice

Many people associate personal injury solicitors with acting for injured claimants. However, there are many occasions where individuals need legal representation after a claim has been brought against them.

• An accident occurred on private land.
• A landlord, business owner or homeowner.
• Someone alleges that your negligence caused them injury.
• Your insurer has declined to deal with the matter because there was no insurance in place, the policy does not provide cover or the claim falls outside the terms of the policy.

Without insurance providing legal representation, you become responsible for defending the claim yourself. That can involve understanding complex court rules, complying with strict deadlines, considering evidence, obtaining witness statements, reviewing medical evidence and responding appropriately to allegations being made against you.

Having specialist legal advice can make a significant difference to the outcome of a case and can often prevent unnecessary expense later.

What does “hourly rate” actually mean?

Most privately funded legal work is charged using an hourly rate. An hourly rate simply means that the time spent working on your matter is recorded and charged according to the agreed rate for the solicitor dealing with your case. Different members of a legal team may have different hourly rates depending upon their qualifications and level of experience. Clients are not charged simply because time passes. You are charged for the time a legal expert actually works on your matter.

What are “units”?

One area that often confuses clients is seeing references to “units” on a bill. Many solicitors record their time in six-minute units. This means that one hour is divided into ten separate units.

Each unit represents six minutes of work. This system is used throughout much of the legal profession because it provides a fair and consistent way of recording work. Without units, recording every minute individually would become impractical and inconsistent. Using six-minute units ensures that every client’s work is recorded in the same way.

What does time recording involve?

Every piece of work carried out on your file is recorded. This is known as time recording. Solicitors record the time spent carrying out individual tasks throughout the day. Time may be recorded for:

• Reviewing incoming correspondence
• Reviewing evidence
• Drafting letters
• Drafting court documents
• Speaking with clients
• Negotiating settlement
• Reviewing medical evidence;
• Attending court;

Time recording is not designed to increase costs. It provides an accurate record of the work undertaken on your behalf. If you ever receive an invoice, you should be able to see exactly what work has been completed.

Court deadlines cannot be missed

Personal injury litigation is governed by strict procedural rules. Missing a deadline can have serious consequences. Claims can be struck out, defences may not be accepted, costs penalties may be imposed, evidence may be excluded. Solicitors therefore spend considerable time monitoring court timetables and ensuring procedural requirements are met.

Why one case costs more than another

Clients sometimes compare their legal fees with those paid by friends or family members. Legal matters cannot really be compared in that way. One defendant personal injury claim may involve a single allegation and resolve after one letter. Another may involve multiple witnesses, expert evidence, surveillance, engineering reports, extensive disclosure, settlement negotiations and court proceedings. Even where two claims appear similar, the amount of work required can differ dramatically. Legal costs reflect the work required to deal with your individual matter rather than a standard fixed price.

Why we cannot work for free

While we always aim to be approachable and helpful, professional legal advice requires time. Every piece of advice carries professional responsibility. Solicitors are regulated professionals and must ensure the advice provided is accurate, legally correct and in the client’s best interests. Solicitors also carry professional indemnity insurance, comply with strict regulatory obligations and invest heavily in ongoing training, secure technology and compliance systems. Legal firms have staff to employ, offices to maintain, insurance premiums to pay, regulatory obligations to meet and technology to invest in. Providing legal advice without charging for the time involved would not be sustainable.

Transparency is key

At Hopkins Solicitors, we appreciate that clients want certainty wherever possible. Before commencing privately funded work, we will explain our charging basis and provide information about our hourly rates. Where appropriate, we will also provide estimates of likely costs.

Because litigation is inherently unpredictable, the amount of work required can change significantly depending upon how the opposing party conducts the case. If circumstances change, we will discuss this with you so that you remain informed about likely costs.

Can legal costs be recovered?

In some defendant personal injury matters, legal costs may potentially be recoverable from another party. This depends entirely upon the circumstances of the case and the outcome achieved. In many privately funded matters, particularly where clients are uninsured, legal costs remain the client’s responsibility. We will always advise you where there may be an opportunity to recover costs or where cost recovery is unlikely.

Our approach to privately funded defendant work

Many clients come to us worried about court proceedings, potential damages and the cost of legal representation. We understand those concerns. We guide clients through what can often be an unfamiliar and stressful process. We explain legal terminology in plain English, advise honestly about strengths and weaknesses, help clients make informed decisions and work towards achieving the best possible outcome.

At Hopkins Solicitors, we are committed to being transparent about our costs, honest in our advice and efficient in the way we work.

If you find yourself facing a personal injury claim without the benefit of insurance, you do not have to navigate the legal process alone. Seeking advice early can often make a significant difference to the outcome of your case, and our experienced Personal Injury team is here to help you understand your options, protect your interests and guide you through every stage of the process.

If you would like to discuss a claim, please click the Request a Callback button below, or give us a call on 01623 468 468.