Newcastle & the Hunter · No win, no fee explained

Redhead: 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.

Many motor accident lawyers offer arrangements described as no win, no fee, but the terms aren't standard. Before you sign anything, ask for the costs terms in writing and read them closely. People in Redhead can also start with our free, no-obligation claim check, which looks at whether your claim needs a lawyer in the first place. Plenty of CTP claims never do, and then the costs question doesn't arise.

Postcode: 2290

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Costs questions for people in Redhead

From Newcastle to Muswellbrook, you can compare costs terms from lawyers anywhere in NSW. Ask each to put their terms in writing, then compare what's payable if the claim fails and if it succeeds. Being in the Lake Macquarie 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. Redhead is about 11 km south-west of Newcastle, 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
Newcastle & the Hunter
Postcode
2290
Local government area
Lake Macquarie City Council
Distance to Newcastle
~11 km
Two women talking at a cafe by Sydney Harbour

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Check your claim before you sign anything

Before comparing costs terms, find out whether you need a lawyer. Our free, no-obligation claim check works by phone and online.

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The phrase, explained plainly

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

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.

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.

  • What comes out of my compensation at the end, and in what order?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Is there a cooling-off period after I sign?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • Will you tell me in writing if that estimate changes?
  • 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

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.

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.

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

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.

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?

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

Do you need a lawyer at all?

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

  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • A settlement offer is waiting for your reply
  • Your dispute is heading to the Personal Injury Commission
  • 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
  • One declined treatment request can be sorted out with a report from your doctor

If the gap is treatment rather than legal help, we can put you in touch with doctors and allied health who work with CTP claims. They can also help keep your Certificate of Fitness accurate and current.

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 Redhead
  • If the bigger question is whether a CTP lawyer is worth it for your claim at all, the CTP lawyer page answers that first. CTP lawyer in Redhead

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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