“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 Yosemite 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.
Blue Mountains · No win, no fee explained
How a no win, no fee lawyer charges: a Yosemite guide
Not sure you need a lawyer at all? Our claim check is free, with no obligation, and many claims never need one.
Postcode: 2780
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Yosemite & Katoomba
The phrase, explained plainly
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
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?
Yosemite: comparing costs terms from home
Around Katoomba and Springwood, ask what the lawyer will do if they think the claim is no longer worth running. The costs agreement should say what happens to fees and disbursements then. Council areas such as Blue Mountains 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 Yosemite, the Sydney CBD is roughly 85 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
- Blue Mountains
- Postcode
- 2780
- Local government area
- Blue Mountains City Council
- From the Sydney CBD
- ~85 km
Free claim check
Find out if you need a lawyer first
Before comparing costs terms, find out whether you need a lawyer. Our free, no-obligation claim check works by phone and online.
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.
- Can I have an estimate of total legal costs, in writing?
- Which disbursements, such as expert reports, could I be asked to cover, and when?
- If the claim doesn't succeed, what would I have to pay, if anything?
- Will you tell me in writing if that estimate changes?
- What happens to costs if I end the agreement before the claim finishes?
- How do the CTP costs rules in the Regulation limit what you can charge?
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?
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
- The insurer has refused your whole claim
You may not need one
- Your statutory benefits claim is accepted and payments are arriving
- You're happy with how the insurer has handled things so far
- 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?
- 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
- For what happens when you first meet a solicitor, including the costs disclosure and agreement you receive, see the compensation solicitor page for Yosemite. Compensation solicitor in Yosemite
- If you're still deciding whether your claim needs legal help, the CTP lawyer page for Yosemite sets out when it usually does. CTP lawyer in Yosemite
The costs terms worth having in writing
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.
What you might still pay
If a claim doesn't succeed, you may still owe something, depending on the terms. That could include disbursements already paid out, such as expert 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.
- Fees for expert reports
- The cost of any expert opinion the lawyer arranges
- Interpreter or translation costs, if any
Comparing costs terms
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.
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
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.
No. Many lawyers who handle motor accident claims offer arrangements described as no win, no fee, but not all do, and the terms of those who do are not the same. Some may charge in other ways for some kinds of work. Whatever a lawyer offers, ask for a written costs disclosure and read it before you agree. We don't set any lawyer's fees or terms.
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.
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.
Yes, and it's sensible to. Ask for an estimate in writing, how it was worked out and what could change it, such as the claim running longer than expected or needing more expert reports. Ask how you'll be told if the estimate changes. An estimate isn't a fixed price, but it gives you something to compare between lawyers and to check against as the claim goes on.
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 expert 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.
No win no fee lawyer: suburbs near Yosemite
Ready to talk it through?
Get a free, no-obligation claim check. It's the first step toward understanding where your claim stands and what help it needs.
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.