Parramatta & Cumberland · No win, no fee explained

How a no win, no fee lawyer charges: a Westmead guide

Many motor accident lawyers offer costs terms like this. The details differ, so compare them before you sign.

If you live in Westmead and you've seen “no win, no fee” in a lawyer's advertising, it helps to know what the phrase generally means before you rely on it. In most cases it refers to an arrangement where you pay the lawyer's professional fees only if the claim succeeds. The details differ between lawyers, and some costs may still be payable either way. This page explains what to ask, and our claim check is free.

Postcode: 2145

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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.

Comparing two lawyers' terms side by side

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

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.

Westmead: comparing costs terms from home

If Westmead Hospital or Auburn Hospital treated you, keep your records. A lawyer may request reports from your treating doctors, and the costs agreement should say how those costs are handled. Legal costs in NSW CTP claims are regulated the same way across the state, whether you're under the City of Parramatta or anywhere else. What differs between lawyers is how their own costs terms are written, so compare those. From Westmead, the Sydney CBD is roughly 22 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
Parramatta & Cumberland
Postcode
2145
Local government area
City of Parramatta
From the Sydney CBD
~22 km
Two women talking at a cafe by Sydney Harbour

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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.

  • Is there a cooling-off period after I sign?
  • What comes out of my compensation at the end, and in what order?
  • Will you tell me in writing if that estimate changes?
  • How do the CTP costs rules in the Regulation limit what you can charge?
  • Can I have an estimate of total legal costs, in writing?
  • How are your professional fees worked out if the claim succeeds?

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?

Before comparing costs terms, check whether you need a lawyer in the first place. These lists cover common situations. Our free claim check can give you an answer for your own facts.

Often worth talking to a lawyer

  • Your dispute is heading to the Personal Injury Commission
  • Someone died in the crash and the family is considering a claim
  • Fault is contested, and it decides whether damages are possible
  • You're outside a time limit and need a quick legal view

You may not need one

  • Your question is general, and CTP Assist can answer it for free
  • You're happy with how the insurer has handled things so far
  • One declined treatment request can be sorted out with a report from your doctor

If the gap is treatment rather than legal help, we can put you in touch with doctors and allied health who work with CTP claims. They can also help keep your Certificate of Fitness accurate and current.

Not quite your situation?

  • If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. We 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 Westmead. Compensation solicitor in Westmead
  • If you're still deciding whether your claim needs legal help, the CTP lawyer page for Westmead sets out when it usually does. CTP lawyer in Westmead

The costs terms worth having in writing

Whatever a lawyer tells you about no win, no fee, the written terms are what count. Look for a clear statement of what happens to costs in each outcome, how success is defined, and whether disbursements are paid as you go, at the end, or only if the claim succeeds. Keep a copy, and note the date you received it.

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.

Costs that may apply either way

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
  • The cost of any expert opinion the lawyer arranges
  • Courier, copying and similar office costs

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.

Some help is free to use. SIRA funds a CTP Legal Advisory Service for statutory benefits questions on accidents from 1 December 2017, reached through CTP Assist on 1300 656 919. It doesn't cover damages claims, older-scheme claims or matters already at internal review or the Personal Injury Commission. Workers compensation is a separate scheme again: in a workers compensation dispute, legal costs may be funded through the Independent Review Office's ILARS program if a grant is approved, and that program doesn't cover CTP claims.

Read next:What does a CTP lawyer cost?

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 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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