Wollongong & the Illawarra · No win, no fee explained

How a no win, no fee lawyer charges: a Gwynneville guide

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

Worried a lawyer will cost more than your claim is worth? That's a fair question, and it's worth asking before you commit. For people in Gwynneville, the first step is working out whether a lawyer would help your claim at all. If it does, many lawyers who handle motor accident claims offer costs terms they call no win, no fee, and the written terms tell you what those words really mean.

Postcode: 2500

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Legal costs and where you live: Gwynneville

If Wollongong Hospital or Shellharbour Hospital treated you, a claim may later need reports from your doctors. Check how any costs agreement deals with those reports before you sign. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Wollongong City Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. From Gwynneville, the Sydney CBD is roughly 68 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
Wollongong & the Illawarra
Postcode
2500
Local government area
Wollongong City Council
From the Sydney CBD
~68 km
A clipboard of blank forms, folders and pens laid out on a wooden desk

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The phrase, explained plainly

“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.

Put the arrangement on paper

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.

Six questions worth asking about costs

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?
  • Is there a cooling-off period after I sign?
  • How are your professional fees worked out if the claim succeeds?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Can I take the agreement away and read it before signing?
  • 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.

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.

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
  • Charges for obtaining hospital or treatment records
  • Interpreter or translation costs, if any

Regulated costs and what they mean for you

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?

Our claim check is free

Many people search for a no win, no fee lawyer when what they really need is a clear answer about their claim. Our claim check gives you that, free and with no obligation, by phone or online. If your claim does need legal help, you'll go into any costs conversation knowing why, and knowing which questions to ask.

Read next:How our claim check works

Before costs: do you need legal help?

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

You may not need one

  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • You only need help with the claim form or finding the right insurer
  • You're happy with how the insurer has handled things so far

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?

  • 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 Gwynneville. Compensation solicitor in Gwynneville
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Gwynneville sets out when it usually does. CTP lawyer in Gwynneville

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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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