If you live in Rutherford 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.
Newcastle & the Hunter · No win, no fee explained
No win, no fee lawyer: what it means in Rutherford
Many motor accident lawyers offer costs terms like this. The details differ, so compare them before you sign.
Postcode: 2320
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A costs arrangement, not a promise
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 medical 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.
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.
Reading costs terms from Rutherford, by phone and online
If John Hunter Hospital or Maitland Hospital treated you, reports about your injuries may be requested during a claim. Ask how those costs are treated, both along the way and at the end. Council areas such as Maitland City Council play no part in what a lawyer can charge on a CTP claim. The limits are set by state regulation and apply across NSW, so compare lawyers on their written terms, not their address. There's no need to travel to Maitland to compare costs arrangements. From Rutherford, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.
- Region
- Newcastle & the Hunter
- Postcode
- 2320
- Local government area
- Maitland City Council
- Distance to Maitland
- ~4 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.
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.
- If the claim doesn't succeed, what would I have to pay, if anything?
- What counts as the claim succeeding under this agreement?
- How are your professional fees worked out if the claim succeeds?
- Can I take the agreement away and read it before signing?
- Is there a cooling-off period after I sign?
- What comes out of my compensation at the end, and in what order?
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?
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
- Someone died in the crash and the family is considering a claim
- You've been offered costs terms and can't tell what you'd owe if the claim failed
- You're outside a time limit and need a quick legal view
- The insurer has refused your whole claim
You may not need one
- Your question is general, and CTP Assist can answer it for free
- One declined treatment request can be sorted out with a report from your doctor
- SIRA's free CTP Legal Advisory Service covers your statutory benefits question
A lawyer's work runs on medical evidence, starting with the Certificate of Fitness. If you don't yet have a treating team that knows the CTP scheme, doctors and allied health are often the first help to arrange.
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 Rutherford. Compensation solicitor in Rutherford
- 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 Rutherford
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 medical 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.
- Filing or application fees, where they apply
- The cost of any expert opinion the lawyer arranges
- Interpreter or translation costs, if any
Which terms to get in writing
Whatever a lawyer tells you about no win, no fee, the written terms are what count. Look for a clear statement of what happens to costs in each outcome, how success is defined, and whether disbursements are paid as you go, at the end, or only if the claim succeeds. Keep a copy, and note the date you received it.
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.
Regulated costs and what they mean for you
The CTP scheme caps legal costs by regulation, for statutory benefits work and for damages claims alike. That changes the no win, no fee conversation. Instead of asking only what you'd pay if you lose, ask how the lawyer's fees relate to the regulated maximums, and whether any part of the costs would come out of your compensation. The caps are indexed, so no fixed figure is quoted here.
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
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
Frequently asked questions
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.
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.
That depends on the costs terms, so ask for a written explanation before you sign. Generally, the lawyer's professional fees and any disbursements are paid, and some or all of that may come out of the compensation. In a CTP claim, maximum legal costs are capped by regulation, and in statutory benefits matters the insurer pays the costs the rules allow. Ask for a written breakdown at the end, too.
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.
Yes, and it's sensible to. Ask for an estimate in writing, how it was worked out and what could change it, such as the claim running longer than expected or needing more expert reports. Ask how you'll be told if the estimate changes. An estimate isn't a fixed price, but it gives you something to compare between lawyers and to check against as the claim goes on.
No win no fee lawyer: suburbs near Rutherford
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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.