Canterbury-Bankstown · No win, no fee explained

Revesby: questions to ask a no win, no fee lawyer

Many motor accident lawyers offer costs terms like this. The details differ, so compare them before you sign.

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 Revesby 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: 2212

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Reading costs terms from Revesby, by phone and online

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. Being in the City of Canterbury-Bankstown 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. There's no need to travel to Bankstown to compare costs arrangements. From Revesby, 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
2212
Local government area
City of Canterbury-Bankstown
Distance to Bankstown
~4 km
A man in a jacket reading through a sheaf of papers on a sofa

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The phrase, explained plainly

“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.

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.

Six questions worth asking about costs

Costs terms vary between lawyers, so the same label can mean different things. Put these questions to any lawyer before you sign, and compare the answers side by side if you're speaking with more than one.

  • What counts as the claim succeeding under this agreement?
  • What happens to costs if I end the agreement before the claim finishes?
  • What comes out of my compensation at the end, and in what order?
  • Will you tell me in writing if that estimate changes?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • If the claim doesn't succeed, what would I have to pay, if anything?

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.

Which terms to get in writing

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

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.

Costs that may apply either way

If a claim doesn't succeed, you may still owe something, depending on the terms. That could include disbursements already paid out, such as expert 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.

  • Charges for obtaining records
  • The cost of any expert opinion the lawyer arranges
  • Courier, copying and similar office costs

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?

Our claim check is free

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

Do you need a lawyer at all?

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

  • 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've been offered costs terms and can't tell what you'd owe if the claim failed

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • One declined request can be sorted out by sending a document you already have
  • Your question is general, and CTP Assist can answer it for free

For statutory benefits questions, SIRA's free CTP Legal Advisory Service may help before any costs agreement is needed. CTP Assist on 1300 656 919 can put you in touch. Do I need a lawyer?

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

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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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