Smiths Lawyers will represent your legal interests from the day that you contact us and we accept the responsibility of managing your personal injuries claim.

Smiths Lawyers boasts a very high success rate in obtaining compensation for injured clients. If we choose to act on your behalf we offer a no win, no fee service to reduce the financial distress that most injured persons suffer.

No Win, No Fee

If after considering all of the facts surrounding your accident we are prepared to proceed with a common law action for damages for personal injuries, then we will act as follows -

• We would act on a "speculative basis", which means we undertake not to render an account for our professional costs until and unless the matter is successfully concluded.
• In addition to your claim for Damages, Party/Party costs may be recoverable from the Defendant (the party at fault). In compensation matters Courts usually award costs on what is known as a Party/Party basis. Courts rarely award total costs (Solicitor/Own Client Costs). Party/Party costs are very basic costs. They cover the costs of direct dealings with the Defendant, not yourself, nor all of the expert defendants that are used. Our fees are based on fixed fees and/or hourly rates depending on the stage at which your claim is settled during the compensation process. We do not charge on a percentage of the claim basis. An independent Legal Cost Assessor will assess Party/Party costs and outlays to be paid by the defendant or costs will be agreed on your instructions between ourselves and the relevant insurer. These form the basis of your total costs and outlays (the amount paid by you and deducted from your settlement or judgment sum at the end of the matter). Prior to the settlement of your action we will advise you of a definitive net figure that you will receive in your hand should you choose to settle prior to a court hearing.
• We would act on a speculative basis on the condition that we (and no other firm) are retained to perform the work. Should the client engage the services of another solicitor or firm after we have funded the outlays, we will have to charge for professional costs up to the time of the request to transfer the file. We are entitled to retain the file and not release it until the professional costs and outlays are paid.
• The arrangement in relation to our professional costs and outlays also applies to the Barrister who also undertakes work on the same speculative basis.

Should the case not be successful then we guarantee that we will not pursue these costs, or for our professional costs, unless of course -

• the client has chosen to ignore our advice or the advice of our counsel
• there has been non-disclosure of facts relevant to the claim
• the client has not been open and honest about everything relevant to the claim or there has been misinformation affecting the outcome of the claim
• our instructions are terminated prior to settlement or trial.

In which case we reserve the right to levy an account for professional services rendered and outlays incurred.

We reserve the right to terminate the agreement if the client does any act which will adversely affect the claim, or we discover any information which does adversely affect the claim, or may be detrimental to the claim in any way.

There can be no guarantee of success in any litigation matter. However, in our experience, approximately 97% of cases settle before proceeding to a court hearing. If successful then the Defendant will sometimes be ordered to pay Party/Party costs, in addition to any award of damages (as previously discussed). Of course, we will always strive for an order that the defendant make a contribution towards costs and outlays.

If a client loses the case he/she can be ordered to pay the costs of the other side. Registered assets (such as a house) could be sold to pay the costs. This is extremely rare and usually occurs because of false or fraudulent information. In all litigation matters we proceed cautiously and if we anticipate that there are significant problems with a case then we will advise the client of the problems and any dangers as they arise.