Central West, Orana & Far West · No win, no fee explained

No win, no fee lawyers explained for Parkes

Explained, not promised: what the phrase generally means, what may still be payable and what to get in writing.

Worried a lawyer will cost more than your claim is worth? That's a fair question, and it's worth asking before you commit. For people in Parkes, the first step is working out whether a lawyer would help your claim at all. If it does, many lawyers who handle motor accident claims offer costs terms they call no win, no fee, and the written terms tell you what those words really mean.

Postcode: 2870

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A costs arrangement, not a promise

“No win, no fee” generally describes a costs arrangement where the lawyer's professional fees are only payable if the claim succeeds. The agreement that sets this out is often called a conditional costs agreement, because payment depends on a condition: success. Beyond that basic idea, the details vary between lawyers, which is why the written terms matter more than the phrase itself.

Disbursements and other costs to ask about

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.

  • Fees for medical reports
  • Charges for obtaining hospital or treatment records
  • Interpreter or translation costs, if any

Costs questions for people in Parkes

If Dubbo Base Hospital or Orange Health Service treated you, a claim may need reports from those doctors. Ask any lawyer whether that cost is yours if the claim doesn't succeed. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Parkes Shire Council or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. There's no need to travel to Orange to compare costs arrangements. From Parkes, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Central West, Orana & Far West
Postcode
2870
Local government area
Parkes Shire Council
Distance to Orange
~88 km
Two people talking through paperwork across a desk in a bright office

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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.

  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Is there a cooling-off period after I sign?
  • Can I take the agreement away and read it before signing?
  • What counts as the claim succeeding under this agreement?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • Will you tell me in writing if that estimate changes?

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

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

  • The insurer has refused your whole claim
  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • Someone died in the crash and the family is considering a claim
  • Your injuries are serious and the claim may run for years

You may not need one

  • Your question is general, and CTP Assist can answer it for free
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • One declined treatment request can be sorted out with a report from your doctor

Sometimes the real gap is medical, not legal. If your Certificate of Fitness or treatment records are thin, we can point you to doctors and allied health experienced with CTP claims, with no costs agreement involved.

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

Regulated costs and what they mean for you

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.

If your questions are about statutory benefits and your accident was on or after 1 December 2017, the free CTP Legal Advisory Service may answer them without any costs arrangement. You can ask CTP Assist (1300 656 919) to put you through to it. Its limits matter: no damages claims, no older-scheme claims, and nothing that's already in internal review or before the Commission. Beyond those limits, the costs questions on this page come into play.

Read next:What does a CTP lawyer cost?

Which terms to get 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 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.

The one promise we make about cost

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 a provider we refer you to is connected with 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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