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 Shortland 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.
Newcastle & the Hunter · No win, no fee explained
How a no win, no fee lawyer charges: a Shortland guide
Not sure you need a lawyer at all? Our claim check is free, with no obligation, and many claims never need one.
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The phrase, explained plainly
People often hear “no win, no fee” before they've decided whether they need a lawyer at all. It's worth separating the two questions. First, does your claim need legal help? Many CTP claims don't. Second, if it does, what are this lawyer's actual costs terms? The phrase answers neither question on its own, though the written terms answer the second.
Comparing two lawyers' terms side by side
Line the written terms up side by side. Where one lawyer's terms are specific and another's are vague, ask the second to be specific too. If an answer changes between a phone call and the written terms, go by what's written and ask why. It's reasonable to take a few days to compare before you commit.
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.
Shortland: comparing costs terms from home
From Maitland to Cessnock, ask whether any part of your legal costs is recovered from the insurer, and how that affects what comes out of your compensation. The answer varies with the claim and its stage. Being in the City of Newcastle area doesn't change the costs rules for a CTP claim. Maximum legal costs are set statewide by regulation, so a lawyer in another council area works to the same limits as one down the road. There's no need to travel to Newcastle to compare costs arrangements. From Shortland, 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
- 2307
- Local government area
- City of Newcastle
- Distance to Newcastle
- ~10 km
Free claim check
A free claim check before any costs talk
Before comparing costs terms, find out whether you need a lawyer. Our free, no-obligation claim check works by phone and online.
Questions to ask before you sign a costs agreement
Costs terms vary between lawyers, so the same label can mean different things. Put these questions to any lawyer before you sign, and compare the answers side by side if you're speaking with more than one.
- Can I take the agreement away and read it before signing?
- What comes out of my compensation at the end, and in what order?
- If the claim doesn't succeed, what would I have to pay, if anything?
- What counts as the claim succeeding under this agreement?
- Which disbursements, such as expert reports, could I be asked to cover, and when?
- 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?
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
- You've been offered costs terms and can't tell what you'd owe if the claim failed
- Fault is contested, and it decides whether damages are possible
- A damages claim looks possible, so legal costs are likely to be part of the picture
- Your injuries are serious and the claim may run for years
You may not need one
- You're recovering and expect to be back to normal within months
- SIRA's free CTP Legal Advisory Service covers your statutory benefits question
- You only need help with the claim form or finding the right insurer
If a decision has just gone against you, don't let a costs question hold you up. An internal review is generally due within 28 days of receiving the decision, whatever you decide about a lawyer. CTP claim denied
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 Shortland. Compensation solicitor in Shortland
- 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 Shortland
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.
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?
What you might still pay
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.
- Charges for obtaining records
- Filing or application fees, where they apply
- Interpreter or translation costs, if any
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
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
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
Frequently asked questions
At least three things: what you'd pay if the claim fails, how disbursements such as expert 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.
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.
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.
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.
Ask both for their terms in writing, then compare them on the same points: what you'd owe if you lose, how disbursements are handled, how fees are worked out on success, how success is defined and the estimate of total costs. If one set of terms is vague on any of these, ask for more detail. Take your time; a costs agreement doesn't have to be signed at the first conversation.
You may, depending on the agreement. Some arrangements ask you to cover disbursements, such as expert 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.
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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.