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 Leura 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.
Blue Mountains · No win, no fee explained
Leura: before you sign with a no win, no fee lawyer
The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.
Postcode: 2780
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Leura: comparing costs terms from home
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 Leura, the Sydney CBD is roughly 83 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
- 2780
- Local government area
- Blue Mountains City Council
- From the Sydney CBD
- ~83 km
Free claim check
Check your claim before you sign anything
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.
What “no win, no fee” generally means
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 medical 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.
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
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.
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.
- 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?
- 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.
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.
- Charges for obtaining hospital or treatment records
- The cost of any expert opinion the lawyer arranges
- Interpreter or translation costs, if any
Put the arrangement on paper
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
Keep the signed agreement and every costs update with your claim papers. If a bill arrives later, you'll want to check it against the terms you agreed to.
How CTP costs rules fit in
A NSW CTP claim has its own costs rules, and they apply whatever a lawyer's arrangement is called. Maximum legal costs are set by the Motor Accident Injuries Regulation and indexed each year. In a statutory benefits claim, costs are recoverable only where the Regulation or the Personal Injury Commission allows, and for some disputes they can't be recovered at all. A no win, no fee arrangement has to fit around those rules.
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?
Start with a free claim check
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
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
- 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
- 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 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?
- 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 Leura
- 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 Leura
Frequently asked questions
No. Many lawyers who handle motor accident claims offer arrangements described as no win, no fee, but not all do, and the terms of those who do are not the same. Some may charge in other ways for some kinds of work. Whatever a lawyer offers, ask for a written costs disclosure and read it before you agree. We don't set any lawyer's fees or terms.
It's generally the kind of agreement behind a no win, no fee arrangement: one where payment of some or all of the lawyer's fees depends on a condition, usually the claim succeeding. What counts as success, and which costs are conditional, are set out in the agreement itself. Terms vary, so read it closely, ask about anything unclear, and keep a signed copy with your claim papers.
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.
It depends on the lawyer, so ask before the conversation starts. Some lawyers may not charge for an initial discussion about a motor accident claim, and others may; don't assume either way. Our claim check is different: it's free, with no obligation, and it can tell you whether a lawyer would add anything to your claim before you have that conversation.
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.
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.
No win no fee lawyer: suburbs near Leura
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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.