Parramatta & Cumberland · No win, no fee explained

Auburn: questions to ask a no win, no fee lawyer

The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.

“No win, no fee” describes how some lawyers charge. It isn't a rule of the NSW CTP scheme, and it doesn't mean legal help is free. For people in Auburn weighing up a motor accident claim, the useful questions are what you'd owe if the claim failed, what comes out if it succeeds and whether you need a lawyer at all. Our free claim check can help with the last one.

Postcode: 2144

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The phrase, explained plainly

People often hear “no win, no fee” before they've decided whether they need a lawyer at all. It's worth separating the two questions. First, does your claim need legal help? Many CTP claims don't. Second, if it does, what are this lawyer's actual costs terms? The phrase answers neither question on its own, though the written terms answer the second.

Disbursements and other costs to ask about

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.

  • Charges for obtaining hospital or treatment records
  • Filing or application fees, where they apply
  • Courier, copying and similar office costs

Legal costs and where you live: Auburn

Close to the Parramatta CBD, several lawyers may be nearby. Nearness isn't a costs term, though. Ask each for written terms and compare them line by line before you commit to one. Costs terms are hard to judge in a second language, and Turkish, Mandarin 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. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Cumberland City Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those.

There's no need to travel to Parramatta to compare costs arrangements. From Auburn, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Parramatta & Cumberland
Postcode
2144
Community languages
Turkish, Mandarin, Arabic
Local government area
Cumberland City Council
Distance to Parramatta
~5 km
Two people going through a bound document together, one pointing at a clause

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Before you sign: the costs questions that matter

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.

  • What comes out of my compensation at the end, and in what order?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • 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 take the agreement away and read it before signing?
  • Is there a cooling-off period after I sign?

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.

Do you need a lawyer at all?

Plenty of CTP claims run from start to finish without a lawyer, which makes no win, no fee beside the point. Others clearly need legal help. These lists give a rough guide to each.

Often worth talking to a lawyer

  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • The insurer has refused your whole claim
  • Someone died in the crash and the family is considering a claim
  • Your injuries are serious and the claim may run for years

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • You're recovering and expect to be back to normal within months
  • Your question is general, and CTP Assist can answer it for free

Sometimes the real gap is medical, not legal. If your Certificate of Fitness or treatment records are thin, we can point you to doctors and allied health experienced with CTP claims, with no costs agreement involved.

Not quite your situation?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and we can point you to the right help. Free claim check
  • If you've decided to engage a solicitor and want to know about the first meeting and the costs documents, the compensation solicitor page covers them. Compensation solicitor in Auburn
  • If the bigger question is whether a CTP lawyer is worth it for your claim at all, the CTP lawyer page answers that first. CTP lawyer in Auburn

No win, no fee in a CTP claim

In statutory benefits matters, the insurer pays the legal costs the rules allow, and some disputes allow none. For damages claims, the maximum a lawyer can charge is also capped. So in a CTP claim, “no win, no fee” is only part of the costs picture. The rest is set by the Regulation, and a lawyer should be able to explain in writing how both apply to your claim.

Before paying for advice, check what's free. SIRA's CTP Legal Advisory Service gives free legal advice on statutory benefits for accidents from 1 December 2017, and CTP Assist on 1300 656 919 can connect you with it. It won't run a damages claim, and it doesn't take on disputes that have already reached internal review or the Commission, but for many early questions it means no costs agreement is needed at all.

Read next:What does a CTP lawyer cost?

How to compare costs arrangements fairly

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.

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.

Our claim check is free

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

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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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