Penrith & the Nepean · No win, no fee explained

Looking for a no win, no fee lawyer in Erskine Park?

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 Erskine Park 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: 2759

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Costs questions for people in Erskine Park

If Nepean Hospital treated you, reports about your injuries may be needed later in a claim. How those costs are handled is one of the first things to check in any costs agreement. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Penrith City Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. Erskine Park is about 12 km south-east of Penrith, 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
Penrith & the Nepean
Postcode
2759
Local government area
Penrith City Council
Distance to Penrith
~12 km
A clipboard of blank forms, folders and pens laid out on a wooden desk

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The phrase, explained plainly

The idea is simple: if the claim doesn't succeed, the lawyer's own fees generally aren't charged. In practice, arrangements differ. Some treat disbursements, such as medical reports, one way and some another. Some define success narrowly and others broadly. The phrase is shorthand for an arrangement, and only the written costs terms tell you what that particular arrangement is.

What you might still pay

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

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.

  • Can I have an estimate of total legal costs, in writing?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • What happens to costs if I end the agreement before the claim finishes?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • How are your professional fees worked out if the claim succeeds?
  • 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.

Put the arrangement on paper

Whatever a lawyer tells you about no win, no fee, the written terms are what count. Look for a clear statement of what happens to costs in each outcome, how success is defined, and whether disbursements are paid as you go, at the end, or only if the claim succeeds. Keep a copy, and note the date you received it.

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.

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.

If your questions are about statutory benefits and your accident was on or after 1 December 2017, the free CTP Legal Advisory Service may answer them without any costs arrangement. You can ask CTP Assist (1300 656 919) to put you through to it. Its limits matter: no damages claims, no older-scheme claims, and nothing that's already in internal review or before the Commission. Beyond those limits, the costs questions on this page come into play.

Read next:What does a CTP lawyer cost?

Comparing two lawyers' terms side by side

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.

Our claim check is free

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

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 injuries are serious and the claim may run for years
  • Your dispute is heading to the Personal Injury Commission
  • A settlement offer is waiting for your reply
  • You're outside a time limit and need a quick legal view

You may not need one

  • You're happy with how the insurer has handled things so far
  • One declined treatment request can be sorted out with a report from your doctor
  • Your statutory benefits claim is accepted and payments are arriving

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

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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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