If you live in Linley Point 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.
Lower North Shore & Ryde · No win, no fee explained
Linley Point: before you sign with a no win, no fee lawyer
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What “no win, no fee” generally means
People often hear “no win, no fee” before they've decided whether they need a lawyer at all. It's worth separating the two questions. First, does your claim need legal help? Many CTP claims don't. Second, if it does, what are this lawyer's actual costs terms? The phrase answers neither question on its own, though the written terms answer the second.
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.
Reading costs terms from Linley Point, by phone and online
Royal North Shore Hospital and Ryde Hospital records may be requested during a claim. Ask any lawyer whether the cost of records and medical reports comes out of the claim, is billed to you, or both. Council areas such as Lane Cove 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. There's no need to travel to Chatswood to compare costs arrangements. From Linley Point, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.
- Region
- Lower North Shore & Ryde
- Postcode
- 2066
- Local government area
- Lane Cove Council
- Distance to Chatswood
- ~4 km
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Find out if you need a lawyer first
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.
Questions to ask before you sign a costs agreement
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.
- Is there a cooling-off period after I sign?
- Can I have an estimate of total legal costs, in writing?
- What comes out of my compensation at the end, and in what order?
- 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?
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.
Do you need a lawyer at all?
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've been offered costs terms and can't tell what you'd owe if the claim failed
- You're outside a time limit and need a quick legal view
- Fault is contested, and it decides whether damages are possible
- Your injuries are serious and the claim may run for years
You may not need one
- One declined treatment request can be sorted out with a report from your doctor
- You only need help with the claim form or finding the right insurer
- Your question is general, and CTP Assist can answer it for free
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?
- 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 Linley Point
- 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 Linley Point
No win, no fee in a CTP claim
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.
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?
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.
- Charges for obtaining hospital or treatment records
- Filing or application fees, where they apply
- The cost of any expert opinion the lawyer arranges
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.
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
Frequently asked questions
Yes, and it's sensible to. Ask for an estimate in writing, how it was worked out and what could change it, such as the claim running longer than expected or needing more expert reports. Ask how you'll be told if the estimate changes. An estimate isn't a fixed price, but it gives you something to compare between lawyers and to check against as the claim goes on.
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.
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. It generally means the lawyer's own fees aren't charged if the claim doesn't succeed. Other costs may still apply, such as disbursements for medical reports, depending on the terms. If the claim succeeds, fees are generally paid, often from the compensation. Legal costs in a CTP claim are capped by regulation as well. The only free thing we can promise is our own claim check, which comes with no obligation.
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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.