Upper North Shore & Hornsby · No win, no fee explained

No win, no fee lawyers explained for Cheltenham

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If you live in Cheltenham and you've seen “no win, no fee” in a lawyer's advertising, it helps to know what the phrase generally means before you rely on it. In most cases it refers to an arrangement where you pay the lawyer's professional fees only if the claim succeeds. The details differ between lawyers, and some costs may still be payable either way. This page explains what to ask, and our claim check is free.

Postcode: 2119

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What “no win, no fee” generally means

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.

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?

Costs questions for people in Cheltenham

From Wahroonga to Brooklyn, lawyers anywhere in NSW can send you their costs terms. Distance along the Pacific Highway or the M1 has nothing to do with what they can charge; the regulation sets the limits. Being in the Hornsby Shire Council area doesn't change the costs rules for a CTP claim. Maximum legal costs are set statewide by regulation, so a lawyer in another council area works to the same limits as one down the road. From Cheltenham, the Sydney CBD is roughly 17 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
Upper North Shore & Hornsby
Postcode
2119
Local government area
Hornsby Shire Council
Distance to Macquarie Park
~5 km
Two people going through a form together at a kitchen table, with a calculator and a laptop

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Find out if you need a lawyer first

Before comparing costs terms, find out whether you need a lawyer. Our free, no-obligation claim check works by phone and online.

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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 do the CTP costs rules in the Regulation limit what you can charge?
  • What comes out of my compensation at the end, and in what order?
  • Can I take the agreement away and read it before signing?
  • Can I have an estimate of total legal costs, in writing?
  • Which disbursements, such as expert reports, could I be asked to cover, and when?
  • 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.

Lawyer or not? Settle that first

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
  • Someone died in the crash and the family is considering a claim
  • A settlement offer is waiting for your reply
  • A damages claim looks possible, so legal costs are likely to be part of the picture

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • You only need help with the claim form or finding the right insurer
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question

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?

  • 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
  • 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 Cheltenham
  • 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 Cheltenham

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.

Which terms to get in writing

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.

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.

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

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

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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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