Parramatta & Cumberland · No win, no fee explained

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

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

If you live in Rosehill 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.

Postcode: 2142

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The phrase, explained plainly

Many motor accident lawyers offer terms described as no win, no fee. It's a way of structuring fees so that more of the risk of an unsuccessful claim sits with the lawyer. It doesn't mean legal help is free, and it doesn't mean every cost disappears. Think of the phrase as the heading on a set of terms, then read the terms underneath it.

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

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.

Legal costs and where you live: Rosehill

Close to the Parramatta CBD, several lawyers may be nearby. Nearness isn't a costs term, though. Ask each for written terms and compare them line by line before you commit to one. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under the City of Parramatta or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. From Rosehill, the Sydney CBD is roughly 18 km away. That doesn't limit whose costs terms you can compare. Written terms can be emailed, lawyers can explain them by phone or video, and our claim check is by phone and online.

Region
Parramatta & Cumberland
Postcode
2142
Local government area
City of Parramatta
From the Sydney CBD
~18 km
Two people talking through paperwork across a desk in a bright office

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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.

  • Can I take the agreement away and read it before signing?
  • Can I have an estimate of total legal costs, in writing?
  • What happens to costs if I end the agreement before the claim finishes?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • Is there a cooling-off period after I sign?
  • 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.

Before costs: do you need legal help?

Before comparing costs terms, check whether you need a lawyer in the first place. These lists cover common situations. Our free claim check can give you an answer for your own facts.

Often worth talking to a lawyer

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

You may not need one

  • You're happy with how the insurer has handled things so far
  • You're recovering and expect to be back to normal within months
  • Your statutory benefits claim is accepted and payments are arriving

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

How CTP costs rules fit in

In statutory benefits matters, the insurer pays the legal costs the rules allow, and some disputes allow none. For damages claims, the maximum a lawyer can charge is also capped. So in a CTP claim, “no win, no fee” is only part of the costs picture. The rest is set by the Regulation, and a lawyer should be able to explain in writing how both apply to your claim.

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?

Costs that may apply either way

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
  • Filing or application fees, where they apply
  • The cost of any expert opinion the lawyer arranges

Comparing two lawyers' terms side by side

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.

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

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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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