Northern Beaches · No win, no fee explained

How a no win, no fee lawyer charges: a Frenchs Forest guide

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

“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 Frenchs Forest 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: 2086

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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.

How CTP costs rules fit in

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 Frenchs Forest

If Northern Beaches Hospital or Mona Vale Hospital treated you, a claim may later rely on reports about your injuries. Ask how those costs are handled before you sign, not when a bill arrives. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Northern Beaches Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. There's no need to travel to Dee Why to compare costs arrangements. From Frenchs Forest, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Northern Beaches
Postcode
2086
Local government area
Northern Beaches Council
Distance to Dee Why
~6 km
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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.

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

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 settlement offer is waiting for your reply
  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • Fault is contested, and it decides whether damages are possible
  • You've been offered costs terms and can't tell what you'd owe if the claim failed

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • One declined treatment request can be sorted out with a report from your doctor
  • You're recovering and expect to be back to normal within months

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?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and 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 Frenchs Forest
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Frenchs Forest sets out when it usually does. CTP lawyer in Frenchs Forest

What you might still pay

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
  • The cost of any expert opinion the lawyer arranges
  • Interpreter or translation costs, if any

The costs terms worth having 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.

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.

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

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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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