Hawkesbury · No win, no fee explained

How a no win, no fee lawyer charges: an Ebenezer guide

Not sure you need a lawyer at all? Our claim check is free, with no obligation, and many claims never need one.

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 Ebenezer 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: 2756

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Reading costs terms from Ebenezer, by phone and online

If Hawkesbury District Health Service or Nepean Hospital treated you, a claim may later need reports from those doctors. Ask any lawyer who pays for such reports if the claim doesn't succeed. Being in the Hawkesbury 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. Ebenezer is about 10 km north-east of Windsor, 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
Hawkesbury
Postcode
2756
Local government area
Hawkesbury City Council
Distance to Windsor
~10 km
A man in a jacket reading through a sheaf of papers on a sofa

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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.

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.

  • The cost of any expert opinion the lawyer arranges
  • Interpreter or translation costs, if any
  • Courier, copying and similar office costs

Before you sign: the costs questions that matter

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.

  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • Can I have an estimate of total legal costs, in writing?
  • What counts as the claim succeeding under this agreement?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • Can I take the agreement away and read it before signing?
  • Will you tell me in writing if that estimate changes?

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.

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?

Put the arrangement on paper

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.

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

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.

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

Lawyer or not? Settle that first

The costs question only matters if your claim needs a lawyer, and many claims never do. Here's when legal help is often worth paying for, and when you may manage without it.

Often worth talking to a lawyer

  • A settlement offer is waiting for your reply
  • Someone died in the crash and the family is considering a claim
  • The insurer has refused your whole claim
  • You're outside a time limit and need a quick legal view

You may not need one

  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • Your question is general, and CTP Assist can answer it for free
  • One declined treatment request can be sorted out with a report from your doctor

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 Ebenezer
  • 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 Ebenezer

Frequently asked questions

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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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