Liverpool & Fairfield · No win, no fee explained

Ashcroft: before you sign with a no win, no fee lawyer

Not sure you need a lawyer at all? Our claim check is free, with no obligation, and many claims never need one.

Many motor accident lawyers offer arrangements described as no win, no fee, but the terms aren't standard. Before you sign anything, ask for the costs terms in writing and read them closely. People in Ashcroft can also start with our free, no-obligation claim check, which looks at whether your claim needs a lawyer in the first place. Plenty of CTP claims never do, and then the costs question doesn't arise.

Postcode: 2168

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What “no win, no fee” generally means

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.

Costs that may apply either way

If a claim doesn't succeed, you may still owe something, depending on the terms. That could include disbursements already paid out, such as medical reports. The agreement should also say what happens to costs if you end it early. None of this is meant to alarm you; it's the reason to read the costs terms closely and ask questions before signing.

  • Fees for medical reports
  • Filing or application fees, where they apply
  • Courier, copying and similar office costs

Legal costs and where you live: Ashcroft

If you speak Vietnamese, Arabic, Assyrian, Khmer or Chinese at home, as many families around Liverpool and Fairfield do, ask for an interpreter before agreeing to costs terms. They're hard to judge in a second language. Costs terms are hard to judge in a second language, and Arabic are first languages for many people here. Ask CTP Assist on 1300 656 919 to book an interpreter for claim questions, and have a lawyer explain terms through one. Council areas such as Liverpool 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 Ashcroft, the Sydney CBD is roughly 29 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
Liverpool & Fairfield
Postcode
2168
Community languages
Arabic
Local government area
Liverpool City Council
From the Sydney CBD
~29 km
Two people going through a bound document together, one pointing at a clause

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Six questions worth asking about costs

Costs terms vary between lawyers, so the same label can mean different things. Put these questions to any lawyer before you sign, and compare the answers side by side if you're speaking with more than one.

  • How do the CTP costs rules in the Regulation limit what you can charge?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • How are your professional fees worked out if the claim succeeds?
  • What counts as the claim succeeding under this agreement?
  • Can I have an estimate of total legal costs, in writing?

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

The costs question only matters if your claim needs a lawyer, and many claims never do. Here's when legal help is often worth paying for, and when you may manage without it.

Often worth talking to a lawyer

  • You're outside a time limit and need a quick legal view
  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • Fault is contested, and it decides whether damages are possible
  • You've been offered costs terms and can't tell what you'd owe if the claim failed

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • One declined treatment request can be sorted out with a report from your doctor
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question

A lawyer's work runs on medical evidence, starting with the Certificate of Fitness. If you don't yet have a treating team that knows the CTP scheme, doctors and allied health are often the first help to arrange.

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 Ashcroft. Compensation solicitor in Ashcroft
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Ashcroft sets out when it usually does. CTP lawyer in Ashcroft

How CTP costs rules fit in

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?

Which terms to get in writing

A spoken explanation is a start, not the arrangement. Ask for three things in writing: what you'd pay if the claim doesn't succeed, how disbursements such as medical reports are handled, and how the lawyer's fees are worked out if it does succeed. If any of those is missing or vague, ask again before you sign.

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.

Comparing costs terms

Line the written terms up side by side. Where one lawyer's terms are specific and another's are vague, ask the second to be specific too. If an answer changes between a phone call and the written terms, go by what's written and ask why. It's reasonable to take a few days to compare before you commit.

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.

The one promise we make about cost

Many people search for a no win, no fee lawyer when what they really need is a clear answer about their claim. Our claim check gives you that, free and with no obligation, by phone or online. If your claim does need legal help, you'll go into any costs conversation knowing why, and knowing which questions to ask.

Read next:How our claim check works

Frequently asked questions

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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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