Macarthur & Wollondilly · No win, no fee explained

Ellis Lane: before you sign with a no win, no fee lawyer

Many motor accident lawyers offer costs terms like this. The details differ, so compare them before you sign.

“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 Ellis Lane 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: 2570

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Ellis Lane & Cobbitty

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.

Regulated costs and what they mean for you

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?

Costs questions for people in Ellis Lane

If Campbelltown Hospital or Camden Hospital treated you, records and reports may be part of your claim later. The costs agreement should say how their cost is met, whatever the result. Being in the Camden 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 Ellis Lane, the Sydney CBD is roughly 53 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
Macarthur & Wollondilly
Postcode
2570
Local government area
Camden Council
Distance to Campbelltown
~14 km
Two people talking through paperwork across a desk in a bright office

Free claim check

Free, no obligation: start here

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.

Free · No obligation

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?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Will you tell me in writing if that estimate changes?
  • Can I take the agreement away and read it before signing?
  • Can I have an estimate of total legal costs, in writing?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?

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.

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

  • 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
  • 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
  • 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

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?

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

How to compare costs arrangements fairly

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.

Costs that may apply either way

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 medical 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.

  • Filing or application fees, where they apply
  • The cost of any expert opinion the lawyer arranges
  • Courier, copying and similar office costs

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.

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

Frequently asked questions

Ready to talk it through?

Get a free, no-obligation claim check. It's the first step toward understanding where your claim stands and what help it needs.

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.

Call now(02) 7238 7379Free claim check