Liverpool & Fairfield · No win, no fee explained

No win, no fee lawyer: what it means in Fairfield East

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

“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 Fairfield East 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: 2165

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Reading costs terms from Fairfield East, by phone and online

If Liverpool Hospital or Fairfield Hospital treated you, a lawyer may need reports from your doctors. Ask whether you'd pay for them if the claim failed, and ask for that answer in writing. Around Fairfield East, where Arabic are widely spoken, costs terms are easier to weigh up in your own language. CTP Assist (1300 656 919) can organise an interpreter for claim questions; ask for the costs explanation to be interpreted too. Council areas such as Fairfield 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 Parramatta to compare costs arrangements. From Fairfield East, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Liverpool & Fairfield
Postcode
2165
Community languages
Arabic
Local government area
Fairfield City Council
Distance to Parramatta
~7 km
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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.

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

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.

Questions to ask before you sign a costs agreement

A no win, no fee arrangement is only as clear as its written terms. These questions help you find out what you'd pay in each outcome. Ask them of any lawyer, and get the answers in writing.

  • Will you tell me in writing if that estimate changes?
  • What comes out of my compensation at the end, and in what order?
  • Can I take the agreement away and read it before signing?
  • Is there a cooling-off period after I sign?
  • What counts as the claim succeeding under this agreement?
  • 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.

Costs that may apply either way

The lawyer's professional fees are one thing. Disbursements are another. These are costs paid to others as the claim goes on, such as fees for medical reports or for obtaining records, and they can add up in a claim that needs expert evidence. Ask whether you may be asked to pay them if the claim doesn't succeed, and whether you'd pay as you go or at the end.

  • Fees for medical reports
  • Filing or application fees, where they apply
  • The cost of any expert opinion the lawyer arranges

Which terms to get 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.

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.

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?

Our claim check is free

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

Do you need a lawyer at all?

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

  • Someone died in the crash and the family is considering a claim
  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • You're outside a time limit and need a quick legal view
  • 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
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • One declined treatment request can be sorted out with a report from your doctor

If the gap is treatment rather than legal help, we can put you in touch with doctors and allied health who work with CTP claims. They can also help keep your Certificate of Fitness accurate and current.

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 Fairfield East. Compensation solicitor in Fairfield East
  • 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 Fairfield East

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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