To your right you will often get first incur costs. The amount depends on your situation and certain choices. In the legal profession are hourly rates used for most people a high barrier. Fortunately, there are exceptions and nuances.
Thus the government in some cases, you meet in the form of legal aid (called addition). Whether you qualify, depends on your income and assets.
But if the counterparty liability is recognized, you may assume that you made (legal) costs reimbursed by the other party. By law, the reasonable costs of legal fact a part of the total damage. These costs, which can extrajudicial costs (or simply BGK) calls can thus be charged to the responsible party. Your income and assets play no role.
You can also insure themselves for assistance in the form of legal expenses. Although you pay premium, but the actual cost of the legal aid are borne by the insurer. It does not matter whether the party is being sued or not liability has been recognized. Through a legal, depending on the insurance conditions, sometimes claim to assistance by a lawyer.
Often it is possible to use a lawyer called performance-related pay in time. This means that the lawyer a moderate hourly charges that he only increases if the case ends successfully, a so-called high-low rate. Its lawyers are not allowed on the basis of no cure, no pay to work.
Particularly in the areas of personal injury, in addition to the active advocacy, agencies offer their services on the basis of no cure, no pay offer.
The advantage of no cure, no pay seems to be obvious: if the representative is not able to get your claim, you do not pay anything. Conversely, you often need a significant portion (eg 25% + VAT) of the compensation pay as a compensation table.
Other expenses associated with a personal injury case can play the cost of medical advice, actuarial calculation of damages and the costs of legal proceedings. When the cost of legal proceedings, you must think for example of court fees, bailiff fees and any legal costs.
Personal Injury Case and legal aid
You are eligible for legal aid (in technical jargon: an addition) if your income is below a certain limit. The Legal Aid Board monitors the specified income to the tax authorities. Because the tax is not what keeps your current earnings, shall at the request of legal aid based on the income you two years preceding the application deserved. This is also called the reference year.
If your current income is significantly lower than what you earned two years ago, you can still ask the reference year horizons.
For 2010 onwards, the annual income tax for 2008 does not exceed 24 400 euros for a single person and 34,400 euros for married and cohabiting families. Additionally, you may not have much power to pay tax. This is so-called a tax-free allowance for 2008 per person up to 20,315 euros.
If you are eligible for legal aid, you have a personal contribution ranging from 100 to 750 euros (2010). The amount of the contribution is dependent on your income. The higher your income, the higher the contribution. Costs of proceedings such as court fees, bailiff fees and any legal costs will be for your own account. This is true also for the cost of the work of an expert, the retrieval of medical information and medical advice.
Funded (sometimes also referred subsidized) legal aid is provided by lawyers. In the choice of leisure. It is true that not all lawyers are adding things taken into consideration. Lawyers who add things do not in principle be less than lawyers who do. It is a choice of lawyer, which is also related to the types of cases in which he has specialized.
So if you are eligible for an addition and contact an attorney record, it is important that you immediately inform whether this lawyer also matters on assignment basis takes.
Often recognizes counterparty
In personal injury cases, the liability question in many cases no more discussion, but is about to reach an agreement with the responsible party about the nature and extent of the damage.
If the counterparty liability is recognized, the question is whether or not you are eligible for an addition often less important. The counterparty is required to anyway because you reasonably incurred legal fees to compensate
Legal aid: special arrangements for personal injury cases
For personal injuries are two special features.
1. The first is that an additional grant of up to 200 euros exclusivity to the Legal Aid Board can be requested for medical advice. This advice is often necessary to assess whether your case is feasible. One calls this grant also grant medical feasibility study.
2. The second feature consists in the possibility of a loan of up to € 3,000 for a medical expert to fund research. This loan must be after the case always repays, but as an expert leads to the acceptance of responsibility than you can charge costs to the responsible party. The Legal Aid Board assumes that if it comes to compensation, you have the financial resources to repay the loan.
For questions about applying for an addition or supplementary grants you is best to contact a lawyer. That may accompany your application. If the application is successful, the lawyer at the end of the ride with the Legal Aid Board will checkout. The contribution you pay directly to the lawyer, usually shortly after that your case has adopted.
In addition favorable result expires
Please note that your addition is void if the result of the case is so beneficial that you may be deemed to pay the lawyer himself. This is according to the Council of Legal case if you receive a sum that is greater than 50% of the tax-free allowance (reference year 2008: 20,315 euros).
Your lawyer is obliged to deal with the Council to declare the financial outcome of the case. In this way the Council so determines or addition be maintained.