If you live in Faulconbridge 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.
Blue Mountains · No win, no fee explained
How a no win, no fee lawyer charges: a Faulconbridge guide
The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.
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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.
Comparing costs terms
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.
Reading costs terms from Faulconbridge, by phone and online
If Blue Mountains District ANZAC Memorial Hospital or Nepean Hospital treated you, reports from your doctors may be needed. Ask how the cost of those reports is handled before you sign. Council areas such as Blue Mountains 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. From Faulconbridge, the Sydney CBD is roughly 64 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
- Blue Mountains
- Postcode
- 2776
- Local government area
- Blue Mountains City Council
- Distance to Penrith
- ~16 km
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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.
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.
- Can I have an estimate of total legal costs, in writing?
- 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?
- If the claim doesn't succeed, what would I have to pay, if anything?
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
Plenty of CTP claims run from start to finish without a lawyer, which makes no win, no fee beside the point. Others clearly need legal help. These lists give a rough guide to each.
Often worth talking to a lawyer
- A damages claim looks possible, so legal costs are likely to be part of the picture
- The insurer has refused your whole claim
- You're outside a time limit and need a quick legal view
- Someone died in the crash and the family is considering a claim
You may not need one
- Your question is general, and CTP Assist can answer it for free
- SIRA's free CTP Legal Advisory Service covers your statutory benefits question
- 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?
- 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
- For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Faulconbridge. Compensation solicitor in Faulconbridge
- 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 Faulconbridge
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?
Costs that may apply either way
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.
- Fees for medical reports
- Charges for obtaining hospital or treatment records
- Courier, copying and similar office costs
The costs terms worth having in writing
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.
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
Frequently asked questions
In an injury claim, it's shorthand for a costs arrangement in which the lawyer is paid professional fees only if the claim succeeds. The arrangement is often set out in what's called a conditional costs agreement. The details vary between lawyers: how success is defined, how disbursements such as medical reports are handled, and what comes out of any compensation. The written terms are what count, so ask for them and read them before you sign.
That depends on the costs terms, so ask for a written explanation before you sign. Generally, the lawyer's professional fees and any disbursements are paid, and some or all of that may come out of the compensation. In a CTP claim, maximum legal costs are capped by regulation, and in statutory benefits matters the insurer pays the costs the rules allow. Ask for a written breakdown at the end, too.
Ask both for their terms in writing, then compare them on the same points: what you'd owe if you lose, how disbursements are handled, how fees are worked out on success, how success is defined and the estimate of total costs. If one set of terms is vague on any of these, ask for more detail. Take your time; a costs agreement doesn't have to be signed at the first conversation.
In some ways, yes, because CTP legal costs are regulated. The Motor Accident Injuries Regulation sets maximum costs, and those amounts are indexed every year. For statutory benefits, a lawyer's costs are paid by the insurer, and only where the Regulation or the Personal Injury Commission allows; some disputes allow none. Damages work is capped as well. Whatever arrangement a lawyer offers has to work within those limits, so ask them to explain how.
At least three things: what you'd pay if the claim fails, how disbursements such as medical reports are handled, and how fees are worked out if the claim succeeds. It also helps to have an estimate of total costs, a clear definition of success, and what happens if you end the agreement early. Written answers let you compare lawyers and check any later bill against what you agreed.
You may, depending on the agreement. Some arrangements ask you to cover disbursements, such as medical reports or fees for records, whatever the outcome. Others treat them differently. Ask too what you'd owe if you ended the agreement before the claim finished. Ask the lawyer to set out in writing exactly what you'd owe in an unsuccessful claim, and don't sign until the answer is clear.
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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.