If you live in Picnic 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.
Canterbury-Bankstown · No win, no fee explained
Picnic Point: 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: 2213
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Costs questions for people in Picnic Point
If you were hurt on the Hume Highway or Canterbury Road, ask for an estimate of total costs as well as the fee basis. An estimate helps you check any later bill against what you agreed. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under the City of Canterbury-Bankstown 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 Bankstown to compare costs arrangements. From Picnic Point, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.
- Region
- Canterbury-Bankstown
- Postcode
- 2213
- Local government area
- City of Canterbury-Bankstown
- Distance to Bankstown
- ~6 km
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The phrase, explained plainly
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 expert 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.
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.
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?
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.
- Can I have an estimate of total legal costs, in writing?
- Will you tell me in writing if that estimate changes?
- Can I take the agreement away and read it before signing?
- How do the CTP costs rules in the Regulation limit what you can charge?
- What counts as the claim succeeding under this agreement?
- What happens to costs if I end the agreement before the claim finishes?
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.
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.
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 expert 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 expert reports
- The cost of any expert opinion the lawyer arranges
- Interpreter or translation costs, if any
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 expert 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.
The one promise we make about cost
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 CTP Assist or simply a clear next step, and no costs agreement is needed.
Read next:How our claim check works
Before costs: do you need legal help?
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
- Your injuries are serious and the claim may run for years
- Your dispute is heading to the Personal Injury Commission
- Fault is contested, and it decides whether damages are possible
- A damages claim looks possible, so legal costs are likely to be part of the picture
You may not need one
- You're recovering and expect to be back to normal within months
- Your statutory benefits claim is accepted and payments are arriving
- SIRA's free CTP Legal Advisory Service covers your statutory benefits question
Before you sign any costs agreement, ask for the written costs disclosure and take it home. Check the fee basis, the disbursements and what you'd owe if the claim doesn't succeed. What does a CTP lawyer cost?
Not quite your situation?
- If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. 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 Picnic Point. Compensation solicitor in Picnic Point
- If you're still deciding whether your claim needs legal help, the CTP lawyer page for Picnic Point sets out when it usually does. CTP lawyer in Picnic Point
Frequently asked questions
At least three things: what you'd pay if the claim fails, how disbursements such as expert reports are handled, and how fees are worked out if the claim succeeds. It also helps to have an estimate of total costs, a clear definition of success, and what happens if you end the agreement early. Written answers let you compare lawyers and check any later bill against what you agreed.
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.
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.
You may, depending on the agreement. Some arrangements ask you to cover disbursements, such as expert 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. 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.
No win no fee lawyer: suburbs near Picnic Point
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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.