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 Pottsville, 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.
Northern Rivers & Clarence · No win, no fee explained
No win, no fee lawyer: what it means in Pottsville
Explained, not promised: what the phrase generally means, what may still be payable and what to get in writing.
Postcode: 2489
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- Helping people in Pottsville & Cabarita Beach
Pottsville: comparing costs terms from home
Near the border, check where the crash happened before comparing costs. A crash in Queensland generally falls under Queensland's scheme, with its own rules, so NSW costs rules may not apply. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under Tweed 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 Tweed Heads to compare costs arrangements. From Pottsville, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.
- Region
- Northern Rivers & Clarence
- Postcode
- 2489
- Local government area
- Tweed Shire Council
- Distance to Tweed Heads
- ~23 km
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Check your claim before you sign anything
There's no charge for our claim check and no obligation. Tell us what's happened by phone or online, and we'll tell you whether a lawyer is likely to help.
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.
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
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.
Questions to ask before you sign a costs agreement
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.
- How do the CTP costs rules in the Regulation limit what you can charge?
- Which disbursements, such as medical reports, could I be asked to cover, and when?
- What counts as the claim succeeding under this agreement?
- Can I take the agreement away and read it before signing?
- What happens to costs if I end the agreement before the claim finishes?
- Is there a cooling-off period after I sign?
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.
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.
- Filing or application fees, where they apply
- The cost of any expert opinion the lawyer arranges
- Courier, copying and similar office costs
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?
Comparing costs terms
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.
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
Lawyer or not? Settle that first
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 damages claim looks possible, so legal costs are likely to be part of the picture
- The insurer has refused your whole claim
- Your injuries are serious and the claim may run for years
- Fault is contested, and it decides whether damages are possible
You may not need one
- You only need help with the claim form or finding the right insurer
- One declined treatment request can be sorted out with a report from your doctor
- You're recovering and expect to be back to normal within months
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?
- 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 Pottsville
- If you're still deciding whether your claim needs legal help, the CTP lawyer page for Pottsville sets out when it usually does. CTP lawyer in Pottsville
Frequently asked questions
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.
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.
At least three things: what you'd pay if the claim fails, how disbursements such as medical 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.
In some ways, yes, because CTP legal costs are regulated. The Motor Accident Injuries Regulation sets maximum costs, and those amounts are indexed every year. For statutory benefits, a lawyer's costs are paid by the insurer, and only where the Regulation or the Personal Injury Commission allows; some disputes allow none. Damages work is capped as well. Whatever arrangement a lawyer offers has to work within those limits, so ask them to explain how.
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.
No win no fee lawyer: suburbs near Pottsville
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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.