“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 Caddens 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.
Penrith & the Nepean · No win, no fee explained
Caddens: questions to ask a no win, no fee lawyer
Explained, not promised: what the phrase generally means, what may still be payable and what to get in writing.
Postcode: 2747
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Costs questions for people in Caddens
From Penrith to St Marys, 'no win, no fee' describes an arrangement, not a promise that nothing is payable. The written terms decide what you'd owe in each outcome, so read them carefully. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Penrith City Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. Caddens is about 4 km south-east of Penrith, and comparing costs terms doesn't need a trip there. Written terms can be sent by email, questions answered by phone, and our claim check runs by phone and online.
- Region
- Penrith & the Nepean
- Postcode
- 2747
- Local government area
- Penrith City Council
- Distance to Penrith
- ~4 km
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The phrase, explained plainly
Many motor accident lawyers offer terms described as no win, no fee. It's a way of structuring fees so that more of the risk of an unsuccessful claim sits with the lawyer. It doesn't mean legal help is free, and it doesn't mean every cost disappears. Think of the phrase as the heading on a set of terms, then read the terms underneath it.
Disbursements and other costs to ask about
Even under a no win, no fee arrangement, some costs may still be payable. The most common are disbursements: out-of-pocket expenses such as expert reports, records and filing fees that a lawyer pays on your behalf. Some agreements ask you to cover these whatever the outcome; others don't. The only way to know is to ask, and to see the answer written into the agreement.
- Filing or application fees, where they apply
- The cost of any expert opinion the lawyer arranges
- Courier, copying and similar office costs
Six questions worth asking about costs
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.
- Is there a cooling-off period after I sign?
- Which disbursements, such as expert reports, could I be asked to cover, and when?
- What comes out of my compensation at the end, and in what order?
- What happens to costs if I end the agreement before the claim finishes?
- 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?
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.
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
Keep the signed agreement and every costs update with your claim papers. If a bill arrives later, you'll want to check it against the terms you agreed to.
Comparing costs terms
Comparing costs terms isn't about finding the cheapest lawyer at any price. It's about knowing what you're agreeing to. Check how each arrangement treats disbursements, how each defines success, and whether each gives you an estimate in writing. The costs terms are one part of the decision, not all of it, but they're the part you can check on paper.
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.
How CTP costs rules fit in
The CTP scheme caps legal costs by regulation, for statutory benefits work and for damages claims alike. That changes the no win, no fee conversation. Instead of asking only what you'd pay if you lose, ask how the lawyer's fees relate to the regulated maximums, and whether any part of the costs would come out of your compensation. The caps are indexed, so no fixed figure is quoted here.
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?
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
Before costs: do you need legal help?
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
- The insurer has refused your whole claim
- You've been offered costs terms and can't tell what you'd owe if the claim failed
- A settlement offer is waiting for your reply
- You're outside a time limit and need a quick legal view
You may not need one
- You're recovering and expect to be back to normal within months
- Your question is general, and CTP Assist can answer it for free
- You're happy with how the insurer has handled things so far
Before you sign any costs agreement, ask for the written costs disclosure and take it home. Check the fee basis, the disbursements and what you'd owe if the claim doesn't succeed. What does a CTP lawyer cost?
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
- For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Caddens. Compensation solicitor in Caddens
- 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 Caddens
Frequently asked questions
It depends on the lawyer, so ask before the conversation starts. Some lawyers may not charge for an initial discussion about a motor accident claim, and others may; don't assume either way. Our claim check is different: it's free, with no obligation, and it can tell you whether a lawyer would add anything to your claim before you have that conversation.
In an injury claim, it's shorthand for a costs arrangement in which the lawyer is paid professional fees only if the claim succeeds. The arrangement is often set out in what's called a conditional costs agreement. The details vary between lawyers: how success is defined, how disbursements such as expert reports are handled, and what comes out of any compensation. The written terms are what count, so ask for them and read them before you sign.
Ask both for their terms in writing, then compare them on the same points: what you'd owe if you lose, how disbursements are handled, how fees are worked out on success, how success is defined and the estimate of total costs. If one set of terms is vague on any of these, ask for more detail. Take your time; a costs agreement doesn't have to be signed at the first conversation.
It's generally the kind of agreement behind a no win, no fee arrangement: one where payment of some or all of the lawyer's fees depends on a condition, usually the claim succeeding. What counts as success, and which costs are conditional, are set out in the agreement itself. Terms vary, so read it closely, ask about anything unclear, and keep a signed copy with your claim papers.
Ask about this before you sign, because the answer depends on the agreement and the rules that apply to it. An agreement may include a cooling-off period, and a clear one should explain what happens to costs if you end the arrangement early, including any work already done. If you're unsure, take the agreement away, read it and ask questions first. Signing is easier to delay than to undo.
No. Many lawyers who handle motor accident claims offer arrangements described as no win, no fee, but not all do, and the terms of those who do are not the same. Some may charge in other ways for some kinds of work. Whatever a lawyer offers, ask for a written costs disclosure and read it before you agree. We don't set any lawyer's fees or terms.
No win no fee lawyer: suburbs near Caddens
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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.