Newcastle & the Hunter · No win, no fee explained

How a no win, no fee lawyer charges: an Abermain guide

Many motor accident lawyers offer costs terms like this. The details differ, so compare them before you sign.

Worried a lawyer will cost more than your claim is worth? That's a fair question, and it's worth asking before you commit. For people in Abermain, the first step is working out whether a lawyer would help your claim at all. If it does, many lawyers who handle motor accident claims offer costs terms they call no win, no fee, and the written terms tell you what those words really mean.

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A costs arrangement, not a promise

The idea is simple: if the claim doesn't succeed, the lawyer's own fees generally aren't charged. In practice, arrangements differ. Some treat disbursements, such as medical reports, one way and some another. Some define success narrowly and others broadly. The phrase is shorthand for an arrangement, and only the written costs terms tell you what that particular arrangement is.

No win, no fee in a CTP claim

A NSW CTP claim has its own costs rules, and they apply whatever a lawyer's arrangement is called. Maximum legal costs are set by the Motor Accident Injuries Regulation and indexed each year. In a statutory benefits claim, costs are recoverable only where the Regulation or the Personal Injury Commission allows, and for some disputes they can't be recovered at all. A no win, no fee arrangement has to fit around those rules.

If your questions are about statutory benefits and your accident was on or after 1 December 2017, the free CTP Legal Advisory Service may answer them without any costs arrangement. You can ask CTP Assist (1300 656 919) to put you through to it. Its limits matter: no damages claims, no older-scheme claims, and nothing that's already in internal review or before the Commission. Beyond those limits, the costs questions on this page come into play.

Read next:What does a CTP lawyer cost?

Reading costs terms from Abermain, by phone and online

If John Hunter Hospital or Maitland Hospital treated you, reports about your injuries may be requested during a claim. Ask how those costs are treated, both along the way and at the end. Council areas such as Cessnock City Council play no part in what a lawyer can charge on a CTP claim. The limits are set by state regulation and apply across NSW, so compare lawyers on their written terms, not their address. From Abermain, the Sydney CBD is roughly 119 km away. That doesn't limit whose costs terms you can compare. Written terms can be emailed, lawyers can explain them by phone or video, and our claim check is by phone and online.

Region
Newcastle & the Hunter
Postcode
2326
Local government area
Cessnock City Council
Distance to Cessnock
~7 km
Two women talking at a cafe by Sydney Harbour

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Six questions worth asking about costs

A no win, no fee arrangement is only as clear as its written terms. These questions help you find out what you'd pay in each outcome. Ask them of any lawyer, and get the answers in writing.

  • How are your professional fees worked out if the claim succeeds?
  • What counts as the claim succeeding under this agreement?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Can I have an estimate of total legal costs, in writing?
  • Is there a cooling-off period after I sign?
  • How do the CTP costs rules in the Regulation limit what you can charge?

General information, not legal advice. Costs terms differ between lawyers, and legal costs in CTP claims are regulated. Rely on the written terms you're given.

Lawyer or not? Settle that first

Before comparing costs terms, check whether you need a lawyer in the first place. These lists cover common situations. Our free claim check can give you an answer for your own facts.

Often worth talking to a lawyer

  • Your dispute is heading to the Personal Injury Commission
  • The insurer has refused your whole claim
  • You're outside a time limit and need a quick legal view
  • Fault is contested, and it decides whether damages are possible

You may not need one

  • You only need help with the claim form or finding the right insurer
  • One declined treatment request can be sorted out with a report from your doctor
  • Your statutory benefits claim is accepted and payments are arriving

If the gap is treatment rather than legal help, we can put you in touch with doctors and allied health who work with CTP claims. They can also help keep your Certificate of Fitness accurate and current.

Not quite your situation?

  • Injured at work rather than on the road? That is usually a workers compensation claim, which runs under different rules from CTP. The free claim check can point you to the right help. Free claim check
  • For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Abermain. Compensation solicitor in Abermain
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Abermain sets out when it usually does. CTP lawyer in Abermain

Costs that may apply either way

The lawyer's professional fees are one thing. Disbursements are another. These are costs paid to others as the claim goes on, such as fees for medical reports or for obtaining records, and they can add up in a claim that needs expert evidence. Ask whether you may be asked to pay them if the claim doesn't succeed, and whether you'd pay as you go or at the end.

  • Charges for obtaining hospital or treatment records
  • The cost of any expert opinion the lawyer arranges
  • Courier, copying and similar office costs

Comparing costs terms

If you're speaking with more than one lawyer, compare their terms on the same points: what's payable if the claim doesn't succeed, how disbursements are treated, how fees on success are worked out, and what the estimate of total costs is. A headline label tells you little. Two arrangements both called no win, no fee can leave you in quite different positions.

Same label, different terms

Two arrangements can both be called no win, no fee and still differ on disbursements, on what counts as success and on what comes out at the end. Compare the terms, not the label.

Put the arrangement on paper

Whatever a lawyer tells you about no win, no fee, the written terms are what count. Look for a clear statement of what happens to costs in each outcome, how success is defined, and whether disbursements are paid as you go, at the end, or only if the claim succeeds. Keep a copy, and note the date you received it.

Keep a copy

Store the written terms with the rest of your claim documents. Checking a later bill against what you signed is much easier when the agreement is to hand.

Start with a free claim check

We don't set any lawyer's fees, and we can't tell you what a lawyer's terms would be. What we can do is check your claim for free, with no obligation, and tell you whether a lawyer is likely to help. If we connect you with one, you decide whether to go ahead after reading their costs terms. We'll also tell you if a provider we refer you to is connected with us.

Read next:How our claim check works

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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