Eastern Suburbs · No win, no fee explained

Coogee: before you sign with 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.

“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 Coogee 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: 2034

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Costs questions for people in Coogee

From Randwick to Watsons Bay, you can gather costs terms without driving Anzac Parade or New South Head Road. Ask lawyers to email their terms, then compare what each says about fees if the claim fails. Being in the Randwick City 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. There's no need to travel to Bondi Junction to compare costs arrangements. From Coogee, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Eastern Suburbs
Postcode
2034
Local government area
Randwick City Council
Distance to Bondi Junction
~3 km
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What “no win, no fee” generally means

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.

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.

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.

  • 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?
  • How are your professional fees worked out if the claim succeeds?
  • Can I take the agreement away and read it before signing?
  • Is there a cooling-off period after I sign?
  • How do the CTP costs rules in the Regulation limit what you can charge?

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.

The costs terms worth having 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

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.

How CTP costs rules fit in

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?

What you might still pay

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

Start with a free claim check

We don't set any lawyer's fees, and we can't tell you what a lawyer's terms would be. What we can do is check your claim for free, with no obligation, and tell you whether a lawyer is likely to help. If we connect you with one, you decide whether to go ahead after reading their costs terms. We'll also tell you if a provider we refer you to is connected with us.

Read next:How our claim check works

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

  • Fault is contested, and it decides whether damages are possible
  • 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 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
  • Your question is general, and CTP Assist can answer it for free
  • You're happy with how the insurer has handled things so far

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

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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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