Mid North Coast · No win, no fee explained

No win, no fee lawyer: what it means in Sawtell

Not sure you need a lawyer at all? Our claim check is free, with no obligation, and many claims never need one.

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 Sawtell 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: 2452

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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.

How CTP costs rules fit in

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?

Costs questions for people in Sawtell

If Port Macquarie Base Hospital or Coffs Harbour Health Campus treated you, reports may be needed later. Ask whether you'd be billed for them if the claim didn't succeed. Council areas such as Coffs Harbour 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. From Sawtell, the Sydney CBD is roughly 427 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
Mid North Coast
Postcode
2452
Local government area
Coffs Harbour City Council
Distance to Coffs Harbour
~9 km
Two people going through a form together at a kitchen table, with a calculator and a laptop

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Find out if you need a lawyer first

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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Six questions worth asking about costs

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 counts as the claim succeeding under this agreement?
  • How are your professional fees worked out if the claim succeeds?
  • Is there a cooling-off period after I sign?
  • What happens to costs if I end the agreement before the claim finishes?
  • Which disbursements, such as medical reports, could I be asked to cover, and when?
  • 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?

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
  • Your injuries are serious and the claim may run for years
  • You've been offered costs terms and can't tell what you'd owe if the claim failed
  • Your dispute is heading to the Personal Injury Commission

You may not need one

  • You're happy with how the insurer has handled things so far
  • You only need help with the claim form or finding the right insurer
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question

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?

  • Injured at work rather than on the road? That is usually a workers compensation claim, which runs under different rules from CTP. The free claim check 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 Sawtell. Compensation solicitor in Sawtell
  • 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 Sawtell

The costs terms worth having 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

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.

How to compare costs arrangements fairly

Comparing costs terms isn't about finding the cheapest lawyer at any price. It's about knowing what you're agreeing to. Check how each arrangement treats disbursements, how each defines success, and whether each gives you an estimate in writing. The costs terms are one part of the decision, not all of it, but they're the part you can check on paper.

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.

  • Charges for obtaining hospital or treatment records
  • Filing or application fees, where they apply
  • Interpreter or translation costs, if any

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

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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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