Central Coast · No win, no fee explained

Tascott: questions to ask a no win, no fee lawyer

The written terms matter more than the slogan. Here's what to look for, and what CTP costs rules already limit.

Legal costs in NSW CTP claims are already regulated, which shapes how any no win, no fee arrangement works in practice. Maximum costs are set by regulation, and in some statutory benefits disputes legal costs can't be recovered at all. If you're in Tascott and comparing lawyers, understanding those limits helps you read a costs agreement with a clearer eye. We don't set anyone's fees; we help you ask the right questions.

Postcode: 2250

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Tascott: comparing costs terms from home

If Gosford Hospital or Wyong Hospital treated you, keep the records. A lawyer may need medical reports later, and the costs agreement should say who pays for them if the claim doesn't succeed. Council areas such as Central Coast 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 Gosford to compare costs arrangements. From Tascott, you can request written terms by email, talk them through by phone, and use our free claim check online or by phone.

Region
Central Coast
Postcode
2250
Local government area
Central Coast Council
Distance to Gosford
~4 km
A clipboard of blank forms, folders and pens laid out on a wooden desk

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The phrase, explained plainly

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.

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.

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.

  • 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?
  • Will you tell me in writing if that estimate changes?
  • Can I take the agreement away and read it before signing?
  • Can I have an estimate of total legal costs, in writing?
  • What counts as the claim succeeding under this agreement?

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.

Costs that may apply either way

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.

  • Filing or application fees, where they apply
  • Interpreter or translation costs, if any
  • Courier, copying and similar office costs

How to compare costs arrangements fairly

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

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.

Regulated costs and what they mean for you

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?

Our claim check is free

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?

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'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
  • The insurer has refused your whole claim
  • A settlement offer is waiting for your reply

You may not need one

  • Your question is general, and CTP Assist can answer it for free
  • SIRA's free CTP Legal Advisory Service covers your statutory benefits question
  • You're happy with how the insurer has handled things so far

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?

  • 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
  • If you've decided to engage a solicitor and want to know about the first meeting and the costs documents, the compensation solicitor page covers them. Compensation solicitor in Tascott
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Tascott sets out when it usually does. CTP lawyer in Tascott

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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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