Newcastle & the Hunter · No win, no fee explained

Looking for a no win, no fee lawyer in Edgeworth?

The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.

If you live in Edgeworth 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: 2285

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Costs questions for people in Edgeworth

From Maitland to Cessnock, ask whether any part of your legal costs is recovered from the insurer, and how that affects what comes out of your compensation. The answer varies with the claim and its stage. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Lake Macquarie City Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. There's no need to travel to Newcastle to compare costs arrangements. From Edgeworth, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Newcastle & the Hunter
Postcode
2285
Local government area
Lake Macquarie City Council
Distance to Newcastle
~15 km
A man in a jacket reading through a sheaf of papers on a sofa

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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.

No win, no fee in a CTP claim

The CTP scheme caps legal costs by regulation, for statutory benefits work and for damages claims alike. That changes the no win, no fee conversation. Instead of asking only what you'd pay if you lose, ask how the lawyer's fees relate to the regulated maximums, and whether any part of the costs would come out of your compensation. The caps are indexed, so no fixed figure is quoted here.

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?

Questions to ask before you sign a costs agreement

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.

  • Which disbursements, such as expert reports, could I be asked to cover, and when?
  • Is there a cooling-off period after I sign?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • Will you tell me in writing if that estimate changes?
  • Can I take the agreement away and read it before signing?
  • What comes out of my compensation at the end, and in what order?

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

Ask the lawyer to confirm in writing how their fees would be calculated if the claim succeeds, and what, if anything, you'd owe if it doesn't. Ask the same about disbursements, and about costs if you end the agreement early. Written answers let you compare lawyers fairly and avoid surprises at the end of the claim.

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.

Disbursements and other costs to ask about

Even under a no win, no fee arrangement, some costs may still be payable. The most common are disbursements: out-of-pocket expenses such as expert reports, records and filing fees that a lawyer pays on your behalf. Some agreements ask you to cover these whatever the outcome; others don't. The only way to know is to ask, and to see the answer written into the agreement.

  • Fees for expert reports
  • The cost of any expert opinion the lawyer arranges
  • Interpreter or translation costs, if any

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.

The one promise we make about cost

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 that lawyer has any connection to us.

Read next:How our claim check works

Do you need a lawyer at all?

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

  • Your dispute is heading to the Personal Injury Commission
  • Someone died in the crash and the family is considering a claim
  • A settlement offer is waiting for your reply
  • You've been offered costs terms and can't tell what you'd owe if the claim failed

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • One declined request can be sorted out by sending a document you already have
  • You're recovering and expect to be back to normal within months

For statutory benefits questions, SIRA's free CTP Legal Advisory Service may help before any costs agreement is needed. CTP Assist on 1300 656 919 can put you in touch. Do I need a lawyer?

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
  • For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Edgeworth. Compensation solicitor in Edgeworth
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Edgeworth sets out when it usually does. CTP lawyer in Edgeworth

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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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