Worried a lawyer will cost more than your claim is worth? That's a fair question, and it's worth asking before you commit. For people in Shoalhaven Heads, the first step is working out whether a lawyer would help your claim at all. If it does, many lawyers who handle motor accident claims offer costs terms they call no win, no fee, and the written terms tell you what those words really mean.
South Coast & Shoalhaven · No win, no fee explained
Shoalhaven Heads: 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.
Postcode: 2535
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A costs arrangement, not a promise
“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.
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
- Courier, copying and similar office costs
Costs questions for people in Shoalhaven Heads
If Shoalhaven District Memorial Hospital or South East Regional Hospital treated you, keep your records. Reports from those doctors may be needed, and their cost should be covered in the written terms. Council areas such as Shoalhaven 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 Shoalhaven Heads, the Sydney CBD is roughly 117 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
- South Coast & Shoalhaven
- Postcode
- 2535
- Local government area
- Shoalhaven City Council
- Distance to Nowra
- ~13 km
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We don't set any lawyer's fees. We check your claim for free, with no obligation, and point you to the help it actually needs.
Before you sign: the costs questions that matter
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.
- Will you tell me in writing if that estimate changes?
- If the claim doesn't succeed, what would I have to pay, if anything?
- What comes out of my compensation at the end, and in what order?
- How are your professional fees worked out if the claim succeeds?
- What counts as the claim succeeding under this agreement?
- Can I have an estimate of total legal costs, in writing?
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.
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
- Fault is contested, and it decides whether damages are possible
- A settlement offer is waiting for your reply
- You're outside a time limit and need a quick legal view
- The insurer has refused your whole claim
You may not need one
- You're happy with how the insurer has handled things so far
- SIRA's free CTP Legal Advisory Service covers your statutory benefits question
- You're recovering and expect to be back to normal within months
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 Shoalhaven Heads. Compensation solicitor in Shoalhaven Heads
- If you're still deciding whether your claim needs legal help, the CTP lawyer page for Shoalhaven Heads sets out when it usually does. CTP lawyer in Shoalhaven Heads
How CTP costs rules fit in
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?
How to compare costs arrangements fairly
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.
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 medical 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.
The one promise we make about cost
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
Frequently asked questions
Ask about this before you sign, because the answer depends on the agreement and the rules that apply to it. An agreement may include a cooling-off period, and a clear one should explain what happens to costs if you end the arrangement early, including any work already done. If you're unsure, take the agreement away, read it and ask questions first. Signing is easier to delay than to undo.
At least three things: what you'd pay if the claim fails, how disbursements such as medical reports are handled, and how fees are worked out if the claim succeeds. It also helps to have an estimate of total costs, a clear definition of success, and what happens if you end the agreement early. Written answers let you compare lawyers and check any later bill against what you agreed.
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.
In an injury claim, it's shorthand for a costs arrangement in which the lawyer is paid professional fees only if the claim succeeds. The arrangement is often set out in what's called a conditional costs agreement. The details vary between lawyers: how success is defined, how disbursements such as medical reports are handled, and what comes out of any compensation. The written terms are what count, so ask for them and read them before you sign.
In some ways, yes, because CTP legal costs are regulated. The Motor Accident Injuries Regulation sets maximum costs, and those amounts are indexed every year. For statutory benefits, a lawyer's costs are paid by the insurer, and only where the Regulation or the Personal Injury Commission allows; some disputes allow none. Damages work is capped as well. Whatever arrangement a lawyer offers has to work within those limits, so ask them to explain how.
It's generally the kind of agreement behind a no win, no fee arrangement: one where payment of some or all of the lawyer's fees depends on a condition, usually the claim succeeding. What counts as success, and which costs are conditional, are set out in the agreement itself. Terms vary, so read it closely, ask about anything unclear, and keep a signed copy with your claim papers.
No win no fee lawyer: suburbs near Shoalhaven Heads
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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.