Central Coast · No win, no fee explained

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The phrase sounds simple, but the arrangement behind it can vary a lot. Agreements treat disbursements such as expert reports in different ways, and success can be defined in different ways too. If you live in or near Bucketty, read any costs agreement before you sign and ask about anything unclear. Our free claim check can tell you whether you need a lawyer, and it comes with no obligation.

Postcode: 2250

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What “no win, no fee” generally means

“No win, no fee” generally describes a costs arrangement where the lawyer's professional fees are only payable if the claim succeeds. The agreement that sets this out is often called a conditional costs agreement, because payment depends on a condition: success. Beyond that basic idea, the details vary between lawyers, which is why the written terms matter more than the phrase itself.

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 expert 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.

  • Fees for expert reports
  • Charges for obtaining records
  • Filing or application fees, where they apply

Reading costs terms from Bucketty, by phone and online

If you were hurt on the Central Coast Highway or Wyong Road, ask for the costs terms in plain English. A lawyer should be able to explain every clause without hurrying you. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Central Coast 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 Wyong to compare costs arrangements. From Bucketty, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Central Coast
Postcode
2250
Local government area
Central Coast Council
Distance to Wyong
~33 km
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Questions to ask before you sign a costs agreement

You don't need to be an expert to read a costs agreement well. You need the right questions. Here are the ones that tend to matter most in a motor accident claim.

  • What happens to costs if I end the agreement before the claim finishes?
  • Can I have an estimate of total legal costs, in writing?
  • How are your professional fees worked out if the claim succeeds?
  • Will you tell me in writing if that estimate changes?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • What counts as the claim succeeding under this agreement?

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
  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • The insurer has refused your whole 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
  • Your question is general, and CTP Assist can answer it for free
  • You only need help with the claim form or finding the right insurer

For statutory benefits questions, SIRA's free CTP Legal Advisory Service may help before any costs agreement is needed. CTP Assist on 1300 656 919 can put you in touch. Do I need a lawyer?

Not quite your situation?

  • If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. We 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 Bucketty. Compensation solicitor in Bucketty
  • 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 Bucketty

Regulated costs and what they mean for you

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.

Some help is free to use. SIRA funds a CTP Legal Advisory Service for statutory benefits questions on accidents from 1 December 2017, reached through CTP Assist on 1300 656 919. It doesn't cover damages claims, older-scheme claims or matters already at internal review or the Personal Injury Commission. Workers compensation is a separate scheme again: in a workers compensation dispute, legal costs may be funded through the Independent Review Office's ILARS program if a grant is approved, and that program doesn't cover CTP claims.

Read next:What does a CTP lawyer cost?

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

A label is not a comparison. Put the written terms from each lawyer side by side and check each against the same questions before you decide.

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 expert 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.

Start with a free claim check

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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