Sutherland Shire · No win, no fee explained

No win, no fee lawyers explained for Loftus

The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.

The phrase sounds simple, but the arrangement behind it can vary a lot. Agreements treat disbursements such as medical reports in different ways, and success can be defined in different ways too. If you live in or near Loftus, read any costs agreement before you sign and ask about anything unclear. Our free claim check can tell you whether you need a lawyer, and it comes with no obligation.

Postcode: 2232

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A costs arrangement, not a promise

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

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

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.

Legal costs and where you live: Loftus

If The Sutherland Hospital treated you, keep your records together. A lawyer may later need medical reports, and a clear costs agreement says who pays for them and when, whatever the outcome. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Sutherland Shire Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. From Loftus, the Sydney CBD is roughly 25 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
Sutherland Shire
Postcode
2232
Local government area
Sutherland Shire Council
From the Sydney CBD
~25 km
A clipboard of blank forms, folders and pens laid out on a wooden desk

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Before you sign: the costs questions that matter

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?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Will you tell me in writing if that estimate changes?
  • Can I take the agreement away and read it before signing?
  • What happens to costs if I end the agreement before the claim finishes?
  • How are your professional fees worked out if the claim succeeds?

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.

Before costs: do you need legal help?

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

  • A settlement offer is waiting for your reply
  • 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
  • Your injuries are serious and the claim may run for years

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

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?

  • 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
  • For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Loftus. Compensation solicitor in Loftus
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Loftus sets out when it usually does. CTP lawyer in Loftus

What you might still pay

If a claim doesn't succeed, you may still owe something, depending on the terms. That could include disbursements already paid out, such as medical reports. The agreement should also say what happens to costs if you end it early. None of this is meant to alarm you; it's the reason to read the costs terms closely and ask questions before signing.

  • 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

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.

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?

Start with a free claim check

Here's the only promise we make about cost: our claim check is free, and there's no obligation. We look at where your claim is up to and tell you what help it needs. Sometimes that's an independent lawyer, and then the costs questions on this page matter. Often it's a doctor, CTP Assist or simply a clear next step, and no costs agreement is needed.

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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