St George & Bayside · No win, no fee explained

Sandringham: 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.

The phrase sounds simple, but the arrangement behind it can vary a lot. Agreements treat disbursements such as medical reports in different ways, and success can be defined in different ways too. If you live in or near Sandringham, read any costs agreement before you sign and ask about anything unclear. Our free claim check can tell you whether you need a lawyer, and it comes with no obligation.

Postcode: 2219

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Sandringham: comparing costs terms from home

If St George Hospital treated you, reports from your treating doctors may be requested during a claim. Whether you pay for them if the claim fails depends on the costs terms, so ask about it early. Council areas such as Bayside 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. Sandringham is about 5 km south-east of Hurstville, 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
St George & Bayside
Postcode
2219
Local government area
Bayside Council
Distance to Hurstville
~5 km
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A costs arrangement, not a promise

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

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.

  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • Can I have an estimate of total legal costs, in writing?
  • Will you tell me in writing if that estimate changes?
  • What comes out of my compensation at the end, and in what order?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • 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

Even under a no win, no fee arrangement, some costs may still be payable. The most common are disbursements: out-of-pocket expenses such as medical reports, records and filing fees that a lawyer pays on your behalf. Some agreements ask you to cover these whatever the outcome; others don't. The only way to know is to ask, and to see the answer written into the agreement.

  • Fees for medical reports
  • Charges for obtaining hospital or treatment records
  • Filing or application fees, where they apply

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?

Comparing costs terms

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

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.

Start with a free claim check

Here's the only promise we make about cost: our claim check is free, and there's no obligation. We look at where your claim is up to and tell you what help it needs. Sometimes that's an independent lawyer, and then the costs questions on this page matter. Often it's a doctor, CTP Assist or simply a clear next step, and no costs agreement is needed.

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

  • The insurer has refused your whole claim
  • You're outside a time limit and need a quick legal view
  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • Your dispute is heading to the Personal Injury Commission

You may not need one

  • You're recovering and expect to be back to normal within months
  • You only need help with the claim form or finding the right insurer
  • You're happy with how the insurer has handled things so far

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?

  • If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. 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 Sandringham. Compensation solicitor in Sandringham
  • 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 Sandringham

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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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