Upper North Shore & Hornsby · No win, no fee explained

West Pymble: 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.

“No win, no fee” describes how some lawyers charge. It isn't a rule of the NSW CTP scheme, and it doesn't mean legal help is free. For people in West Pymble weighing up a motor accident claim, the useful questions are what you'd owe if the claim failed, what comes out if it succeeds and whether you need a lawyer at all. Our free claim check can help with the last one.

Postcode: 2073

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What “no win, no fee” generally means

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.

No win, no fee in a CTP claim

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.

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?

Legal costs and where you live: West Pymble

From Wahroonga to Brooklyn, lawyers anywhere in NSW can send you their costs terms. Distance along the Pacific Highway or the M1 has nothing to do with what they can charge; the regulation sets the limits. Being in the Ku-ring-gai Council 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. From West Pymble, the Sydney CBD is roughly 14 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
Upper North Shore & Hornsby
Postcode
2073
Local government area
Ku-ring-gai Council
From the Sydney CBD
~14 km
Two people going through a bound document together, one pointing at a clause

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Six questions worth asking about costs

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.

  • Which disbursements, such as expert reports, could I be asked to cover, and when?
  • Is there a cooling-off period after I sign?
  • If the claim doesn't succeed, what would I have to pay, if anything?
  • What happens to costs if I end the agreement before the claim finishes?
  • Will you tell me in writing if that estimate changes?
  • 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.

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
  • Your dispute is heading to the Personal Injury Commission
  • A damages claim looks possible, so legal costs are likely to be part of the picture
  • The insurer has refused your whole claim

You may not need one

  • Your statutory benefits claim is accepted and payments are arriving
  • You're recovering and expect to be back to normal within months
  • You're happy with how the insurer has handled things so far

For statutory benefits questions, SIRA's free CTP Legal Advisory Service may help before any costs agreement is needed. CTP Assist on 1300 656 919 can put you in touch. Do I need a lawyer?

Not quite your situation?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and we 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 West Pymble
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for West Pymble sets out when it usually does. CTP lawyer in West Pymble

Costs that may apply either way

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.

  • Fees for expert reports
  • The cost of any expert opinion the lawyer arranges
  • Interpreter or translation costs, if any

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 expert 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.

Comparing two lawyers' terms side by side

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

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.

Start with a free claim check

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 that lawyer has any connection to 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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