South Coast & Shoalhaven · No win, no fee explained

Mollymook: before you sign with a no win, no fee lawyer

Not sure you need a lawyer at all? Our claim check is free, with no obligation, and many claims never need one.

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 Mollymook, 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: 2539

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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

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.

Mollymook: comparing costs terms from home

If Shoalhaven District Memorial Hospital or South East Regional Hospital treated you, keep your records. Reports from those doctors may be needed, and their cost should be covered in the written terms. Being in the Shoalhaven City Council area doesn't change the costs rules for a CTP claim. Maximum legal costs are set statewide by regulation, so a lawyer in another council area works to the same limits as one down the road. Mollymook is about 52 km south of Nowra, and comparing costs terms doesn't need a trip there. Written terms can be sent by email, questions answered by phone, and our claim check runs by phone and online.

Region
South Coast & Shoalhaven
Postcode
2539
Local government area
Shoalhaven City Council
Distance to Nowra
~52 km
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Questions to ask before you sign a costs agreement

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.

  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • What happens to costs if I end the agreement before the claim finishes?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • How are your professional fees worked out if the claim succeeds?
  • What comes out of my compensation at the end, and in what order?
  • 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.

Before costs: do you need legal help?

Before comparing costs terms, check whether you need a lawyer in the first place. These lists cover common situations. Our free claim check can give you an answer for your own facts.

Often worth talking to a lawyer

  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • A settlement offer is waiting for your reply
  • You're outside a time limit and need a quick legal view
  • Your dispute is heading to the Personal Injury Commission

You may not need one

  • One declined treatment request can be sorted out with a report from your doctor
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • 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?

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

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.

No win, no fee in a CTP claim

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?

Costs that may apply either way

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.

  • The cost of any expert opinion the lawyer arranges
  • Interpreter or translation costs, if any
  • Courier, copying and similar office costs

The one promise we make about cost

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

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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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