In Australia, you have the right to legal representation, regardless of your financial situation. To make sure our personal injury clients get the legal help they need, we at Main Lawyers offer a no-win no-fee arrangement under certain circumstances.
This means that, if you have suffered injury or loss – whether in the workplace, in a car accident or in a public place – you can get legal help to claim compensation for your loss without worrying about paying legal fees upfront.
So how does no-win no-fee work and what are some potential pitfalls to be aware of?
What is no-win no-fee in New South Wales?
No-win no-fee is a ‘conditional fee agreement’ that many NSW personal injury lawyers offer their clients. It means that, if your personal injury case is not successful and you don’t receive compensation, you don’t need to pay legal fees. If you do win, you can pay those fees out of the compensation when your case is settled.
No-win no-fee takes a lot of the financial stress out of getting an experienced personal injury lawyer to help you get the compensation you deserve.
How no-win no-fee works
Generally, lawyers who offer a no-win no-fee service only take on cases they believe have a good chance of succeeding. To decide this, they will set up a free initial consultation with you to discuss what has happened and understand the details. Then they can tell you whether you’re likely to get compensation for your loss.
If they take on your case, the lawyer will provide an agreement for you to look over and sign. This important document explains the terms and conditions of the no-win no-fee arrangement, including all the types of fees included in the service.
Apart from professional legal fees, there are other fees or expenses that you might need to pay, so it’s essential that you understand what these are and when you would pay them.
Before you decide to enter a no-win no-fee arrangement, read this document carefully and ask your lawyer questions about anything you don’t understand.
If you win your case
No-win no-fee agreements usually mean you don’t need to pay upfront legal costs.
Your legal team will pay the expenses required throughout the case, such as legal fees, disbursements and other costs. Disbursements can cover a range of expenses, such as medical report fees, expert report fees and court filing fees.
If your claim is successful, your lawyer will take the expenses they have paid for you out of the compensation awarded to you, as per your costs agreement.
At this time, you might also need to pay the interest that your lawyer has incurred on the disbursement amounts.
Note: Depending on your costs agreement, you might need to pay some disbursements out of your own pocket as the case progresses. Make sure you discuss these with your lawyer so you know what is and isn’t included in the agreement.
If you don’t win your case
If your case is unsuccessful, you don’t need to pay the legal fees set out in the costs agreement.
However, if your case goes to court and you lose your case, a court will usually order you to pay a proportion of the successful party’s costs. The no-win no-fee agreement doesn’t cover this.
You should consider this carefully when deciding whether to proceed with your case. Your lawyer will keep you updated on your chances for success.
Things to be aware of
- In NSW, it’s illegal for a lawyer to take a percentage for costs. We don’t take a percentage and neither should any personal injury lawyer who offers no-win no-fee. Instead we give you a fixed quote in your costs agreement so you know how much you will pay if your case is successful.
- Your lawyer should keep a record of all the work they do for you. Then you should only be charged costs in line with that work and the costs agreement.
- You might need to pay for some disbursements upfront if they’re not included in your agreement, such as reports that may be required as the case progresses. Always confirm whether disbursements will be paid for out of compensation or treated separately.
- You might need to pay court filing fees if your claim goes to court. However, some personal injury lawyers will pay the fees for you and add them to your account for payment later.
- Some lawyers ask their clients to take out loans to finance the disbursements. If the interest rates on these loans are high, clients could end up paying more in interest and fees than they receive in compensation.
Always consider these things before entering into a no-win no-fee agreement.
Choosing the best no-win no-fee lawyer
In NSW, there are many personal injury lawyers – and they are not all equal. When you’re choosing the best lawyer for your case, make sure they are transparent and happy to discuss every detail of your agreement with you.
You must feel comfortable that you have all the information you need to make the right decision for your circumstances.
At Main Lawyers, we make sure a case meets certain criteria before accepting it as a no-win no-fee arrangement:
- The case has a strong chance of being successful.
- The client probably won’t be able to afford to progress the case without the arrangement.
- The clients fully understands the agreement, including any extra costs that could come up during the case. They also understand that they may have to pay the successful party’s costs if they lose the case.
How Main Lawyers can help
At Main Lawyers, our NSW personal injury lawyers have many years of experience in helping clients get the compensation they deserve.
We are committed to providing transparent and clear information to keep clients informed all the way through their case. You will always know where the case is at and be reassured that we’re working hard on your behalf.
With our no-win no-fee arrangement, you’ve got nothing to lose and everything to gain. Contact us today to request a free initial consultation.