Northern Beaches · No win, no fee explained

Cottage Point: 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.

Many motor accident lawyers offer arrangements described as no win, no fee, but the terms aren't standard. Before you sign anything, ask for the costs terms in writing and read them closely. People in Cottage Point can also start with our free, no-obligation claim check, which looks at whether your claim needs a lawyer in the first place. Plenty of CTP claims never do, and then the costs question doesn't arise.

Postcode: 2084

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Cottage Point: comparing costs terms from home

If Northern Beaches Hospital or Mona Vale Hospital treated you, a claim may later rely on reports about your injuries. Ask how those costs are handled before you sign, not when a bill arrives. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Hornsby Shire Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. Cottage Point is about 13 km north-east of Hornsby, 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
Northern Beaches
Postcode
2084
Local government area
Hornsby Shire Council
Distance to Hornsby
~13 km
A man in a jacket reading through a sheaf of papers on a sofa

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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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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.

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.

  • Fees for medical reports
  • Charges for obtaining hospital or treatment records
  • Interpreter or translation costs, if any

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.

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

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.

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.

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?

How to compare costs arrangements fairly

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.

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

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

Here's the only promise we make about cost: our claim check is free, and there's no obligation. We look at where your claim is up to and tell you what help it needs. Sometimes that's an independent lawyer, and then the costs questions on this page matter. Often it's a doctor, CTP Assist or simply a clear next step, and no costs agreement is needed.

Read next:How our claim check works

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

  • A settlement offer is waiting for your reply
  • Fault is contested, and it decides whether damages are possible
  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • 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
  • One declined treatment request can be sorted out with a report from your doctor
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question

If the gap is treatment rather than legal help, we can put you in touch with doctors and allied health who work with CTP claims. They can also help keep your Certificate of Fitness accurate and current.

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

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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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