Wollongong & the Illawarra · No win, no fee explained

No win, no fee lawyers explained for Keiraville

Many motor accident lawyers offer costs terms like this. The details differ, so compare them before you sign.

Many motor accident lawyers offer arrangements described as no win, no fee, but the terms aren't standard. Before you sign anything, ask for the costs terms in writing and read them closely. People in Keiraville can also start with our free, no-obligation claim check, which looks at whether your claim needs a lawyer in the first place. Plenty of CTP claims never do, and then the costs question doesn't arise.

Postcode: 2500

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A costs arrangement, not a promise

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 expert 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.

Which terms to get in writing

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 expert 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.

Legal costs and where you live: Keiraville

Around Wollongong and Shellharbour, compare costs terms on the same points: fee basis, disbursements, the definition of success and what happens if you end the agreement. Like for like is fairer. 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 Keiraville, the Sydney CBD is roughly 67 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
~67 km
A man in a jacket reading through a sheaf of papers on a sofa

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Six questions worth asking about costs

You don't need to be an expert to read a costs agreement well. You need the right questions. Here are the ones that tend to matter most in a motor accident claim.

  • Can I have an estimate of total legal costs, in writing?
  • What counts as the claim succeeding under this agreement?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • What comes out of my compensation at the end, and in what order?
  • Will you tell me in writing if that estimate changes?
  • 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

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

  • Fault is contested, and it decides whether damages are possible
  • The insurer has refused your whole claim
  • Your injuries are serious and the claim may run for years
  • A settlement offer is waiting for your reply

You may not need one

  • You're recovering and expect to be back to normal within months
  • Your question is general, and CTP Assist can answer it for free
  • You only need help with the claim form or finding the right insurer

Before you sign any costs agreement, ask for the written costs disclosure and take it home. Check the fee basis, the disbursements and what you'd owe if the claim doesn't succeed. What does a CTP lawyer cost?

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

No win, no fee in a CTP claim

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.

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?

How to compare costs arrangements fairly

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

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.

Disbursements and other costs to ask about

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 expert 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.

  • Charges for obtaining records
  • Interpreter or translation costs, if any
  • Courier, copying and similar office costs

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 that lawyer has any connection to 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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