“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 Darling Point 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.
Eastern Suburbs · No win, no fee explained
No win, no fee lawyers explained for Darling Point
The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.
Postcode: 2027
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Reading costs terms from Darling Point, by phone and online
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 Woollahra Municipal 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 Darling Point, the Sydney CBD is roughly 3 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
- Eastern Suburbs
- Postcode
- 2027
- Local government area
- Woollahra Municipal Council
- From the Sydney CBD
- ~3 km
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Call (02) 7238 7379 or start online. It's free, with no obligation, so you can settle the lawyer question before any talk of costs.
The phrase, explained plainly
“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.
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 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
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.
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.
- How are your professional fees worked out if the claim succeeds?
- Can I have an estimate of total legal costs, in writing?
- Can I take the agreement away and read it before signing?
- What comes out of my compensation at the end, and in what order?
- Is there a cooling-off period after I sign?
- If the claim doesn't succeed, what would I have to pay, if anything?
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.
Costs that may apply either way
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.
- Charges for obtaining hospital or treatment records
- Interpreter or translation costs, if any
- Courier, copying and similar office costs
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 two lawyers' terms side by side
Line the written terms up side by side. Where one lawyer's terms are specific and another's are vague, ask the second to be specific too. If an answer changes between a phone call and the written terms, go by what's written and ask why. It's reasonable to take a few days to compare before you commit.
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.
Start with a free claim check
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
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
- Fault is contested, and it decides whether damages are possible
- You've been offered costs terms and can't tell what you'd owe if the claim failed
- Someone died in the crash and the family is considering a claim
- A damages claim looks possible, so legal costs are likely to be part of the picture
You may not need one
- You only need help with the claim form or finding the right insurer
- You're happy with how the insurer has handled things so far
- Your statutory benefits claim is accepted and payments are arriving
Sometimes the real gap is medical, not legal. If your Certificate of Fitness or treatment records are thin, we can point you to doctors and allied health experienced with CTP claims, with no costs agreement involved.
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 Darling Point. Compensation solicitor in Darling Point
- If you're still deciding whether your claim needs legal help, the CTP lawyer page for Darling Point sets out when it usually does. CTP lawyer in Darling Point
Frequently asked questions
Yes, and it's sensible to. Ask for an estimate in writing, how it was worked out and what could change it, such as the claim running longer than expected or needing more expert reports. Ask how you'll be told if the estimate changes. An estimate isn't a fixed price, but it gives you something to compare between lawyers and to check against as the claim goes on.
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.
At least three things: what you'd pay if the claim fails, how disbursements such as medical reports are handled, and how fees are worked out if the claim succeeds. It also helps to have an estimate of total costs, a clear definition of success, and what happens if you end the agreement early. Written answers let you compare lawyers and check any later bill against what you agreed.
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 medical 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.
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.
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.
No win no fee lawyer: suburbs near Darling 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.