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Personal injury claims: what does our ‘No win – No fee to us’ policy mean?

Personal injury claims: what does our ‘No win – No fee to us’ policy mean?

Published on July 3, 2024 by Hanaan IndariHanaan Indari

A personal injury claim can be overwhelming, both physically and emotionally, for people seeking compensation for injuries they’ve suffered due to the negligence of others. In New South Wales (NSW), if you pursue a personal injury claim, you will likely encounter the term “No Win No Fee” regarding legal costs and wonder what this actually means.

Carroll & O’Dea Lawyers on a case by case basis, may offer a ‘no-win-no-fee’ to us arrangement. ‘No Win – No Fee to us’ means that you don’t pay us anything if you don’t win your case. Winning your case includes settling your case for a favorable outcome or a successful court judgement. If you don’t have a successful outcome, then you don’t pay us for the money we have spent getting medical and other expert reports and paying court fees and other associated expenses which are called ‘disbursements’.

This no-win-no-fee arrangement does not apply to claims for no-fault statutory benefits under the workers compensation and motor accident injury schemes because costs for these claims are payable by others and never by you.

In most cases, if we agree to act on your behalf, part of that agreement is that we pay all the necessary disbursement expenses to bring your case to a successful resolution. Your first consultation is free and free of obligation.

If you do win, you agree to pay the interest that we incur on the amount that we paid for your disbursements.

If your case goes to court and you lose, you will usually be ordered to pay a proportion of the costs of the other side. We understand this is a serious consideration and we keep you informed of the likelihood of you losing at each step of the preparation and negotiation of your case.

If you win at court, or if your case is resolved by agreement, the other side will usually be ordered to pay a significant part of your costs. The proportion of your total legal costs payable by the other side will be somewhat lower in motor accident injury and in work injury damages claims than in most other claims.

All the work we do is recorded in a completely transparent way. We charge you only in accordance with our costs agreement, which is available to be explained, read and signed before we start to work on your matter.

Our ‘No Win – No Fee to us’ arrangement allows you to pursue a personal injury claim in NSW without the immediate financial burden of legal fees. This approach helps level the playing field, allowing those who have suffered injuries to seek justice at a time in their life when they may not have the financial means to do so.

Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.

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