Personal Injury Litigation
Because we are fully aware of the fact that personal injury claims are costly we at WKA work in respect of all personal injury matters.
Should you elect to sign a Contingency Fee agreement, we will finance the investigation and preparation of a matter including, inter alia, the cost of obtaining all clinical records, security and briefing medical experts and advocates, conducting radiological and pathological investigations, transport to medico-legal
appointments, etc. Upon the successful conclusion of the matter, we recover our fees, costs and disbursements from the capital award – if the claim does not succeed, you will not be liable for any payment.
The Contingency Fee Act defines a contingency fee agreement as an agreement between an attorney and his client in which the parties agree that:
Unless the client is successful to the extent described in the agreement the attorney will not be entitled to any fees for services rendered: and
If the client is successful to the extent described int the agreement, the attorney will be entitled to fees for services rendered equal to or higher than his normal fees, as specified in the agreement. Provided that higher fee (the fee above the attorney’s normal fee) may not exceed the attorney’s normal fees by more than 100 per cent, and further providing that in the case of claims for money, the total of the higher fee, may not exceed 25 per cent of the total amount of money awarded to the client. Any costs awarded to the client are excluded from the calculation of the aforementioned 100 per cent and 25 per cent limits.
The Act provides for the following formalities in respect of contingency fee agreements:
- The agreement must be in writing in the prescribed format
- The agreement must be signed by the client and the attorney, and where applicable must be countersigned by the advocate concerned;
The Client
- Was advised of any other ways of financing the litigation and of their respective implications;
- Was informed of the normal rule that in the event of his, her or it being unsuccessful in the proceedings, he, she or it may be liable to pay the taxed party and party costs of his, her or its opponent in the proceedings;
- Was informed that he, she or it will also be liable to pay the success fee in the event of success; and
-
- What will be regarded by the parties to the agreement as constituting success or partial success;
- The circumstances in which the attorney’s fees and disbursements relating to the matter are payable;
- The amount which will be due, and the consequences which will follow, in the event of the partial success in the proceedings, and in the event of the premature termination for any reason of the agreement;
- Either the amounts payable or the method to be used in calculating the amounts payable;
- The manner in which disbursements made or incurred by the attorney on behalf of the client shall be dealt with;
- That the client will have a period of 14 days calculated from the date of the agreement by giving notice to the attorney in writing: Provided that in the event of withdrawal the attorney will be entitled to fees of disbursements in respect of any necessary or essential work done to protect the interests of the client during such period, calculated on an attorney and client basis;
- The manner in which any amendment or other agreements ancillary to that contingency fees agreement will be dealt with; and
- A copy of the agreement shall be delivered to the client on the date on which the agreement is signed.
- If the client is unhappy with the fees charged by his attorney the client may refer the matter to the relevant law society for the contingency fee agreement to be reviewed.Understood the meaning of the agreement;