Blacktown & Mount Druitt · No win, no fee explained

No win, no fee lawyers explained for Emerton

Explained, not promised: what the phrase generally means, what may still be payable and what to get in writing.

The phrase sounds simple, but the arrangement behind it can vary a lot. Agreements treat disbursements such as medical reports in different ways, and success can be defined in different ways too. If you live in or near Emerton, read any costs agreement before you sign and ask about anything unclear. Our free claim check can tell you whether you need a lawyer, and it comes with no obligation.

Postcode: 2770

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Emerton: comparing costs terms from home

If Blacktown Hospital or Mount Druitt Hospital treated you, a claim may need your records and reports. Ask a lawyer whether those costs are yours to pay if the claim doesn't succeed. Council areas such as Blacktown City Council play no part in what a lawyer can charge on a CTP claim. The limits are set by state regulation and apply across NSW, so compare lawyers on their written terms, not their address. There's no need to travel to Penrith to compare costs arrangements. From Emerton, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Blacktown & Mount Druitt
Postcode
2770
Local government area
Blacktown City Council
Distance to Penrith
~9 km
A man in a jacket reading through a sheaf of papers on a sofa

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A costs arrangement, not a promise

“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

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 happens to costs if I end the agreement before the claim finishes?
  • How are your professional fees worked out if the claim succeeds?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • Can I take the agreement away and read it before signing?
  • Will you tell me in writing if that estimate changes?
  • How do the CTP costs rules in the Regulation limit what you can charge?

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?

What you might still pay

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.

  • Fees for medical reports
  • Filing or application fees, where they apply
  • Interpreter or translation costs, if any

How to compare costs arrangements fairly

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

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.

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

Before costs: do you need legal help?

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

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
  • You're happy with how the insurer has handled things so far

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?

  • If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. We 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 Emerton
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Emerton sets out when it usually does. CTP lawyer in Emerton

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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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