You may have seen the term No Win/No Fee splashed across personal injury lawyers’ websites, social media and billboards but what exactly does it mean?
Crew Legal Director, Shane Crew talks us through the finer details you need to be aware of before you enter into an agreement with a personal injury lawyer.
No Win/No Fee is a fee arrangement that lawyers will enter into in personal injury cases where if your case is not successful and you don’t recover damages for your injuries, then there are no costs payable by you to your lawyer for doing the work.
Are all cases done on a No Win/No Fee basis?
The first step for potential clients is to book in an initial consultation so that the personal injury lawyer can obtain all the information about how you have been injured. This will allow them to assess your likely prospects of being successful in a claim. The lawyer will determine if a No Win/No Fee arrangement will be offered once all the facts have been accessed.
Are there any conditions of a No Win/No Fee arrangement?
Any conditions that a client needs to be aware of will be discussed at their initial consultation.
Medical negligence cases are particularly difficult claims to establish and one of the conditions of entering into this type of arrangement will generally require an upfront initial payment by the client before moving onto a No Win/No Fee arrangement.
Most other cases that a personal injury law firm agrees to take on will generally be taken on at the outset on a No Win/No Fee basis.
If you lose a No Win/No Fee case, could you be responsible for the other side’s legal fees?
A No Win/No Fee arrangement is the cost that your lawyer may charge you (i.e., no fee if you are unsuccessful). However, if you are unsuccessful, and the judge determines that the respondent has not been negligent in causing injury, then there is a risk that they could order you to contribute towards the respondent’s legal costs of defending your claim.
What is considered a win in a No Win/No Fee arrangement?
A successful result is either a case where you settle the matter for an amount of damages, or it proceeds to trial, and you succeed on liability and recover an amount of damages.
What is the percentage of cases that settle versus going to trial?
In a typical personal injury claim, be that a WorkCover matter or a motor vehicle accident matter, approximately 98% of all cases settle without going to court. The ones that go to court are either due to a fight about the liability aspect of the matter or where there’s a true difference of opinion about the injuries and the damages.
What if a client accepts a settlement that’s less than the lawyer’s fees?
There is an act of parliament in Queensland called the Legal Profession Act which regulates how lawyers charge clients in QLD. There are strict guidelines within the act that stipulate that a lawyer must reduce their fees to ensure that they don’t get more than the client receives in their hand from a settlement.
At Crew Legal, our ‘No Win/No Fee’ policy is simple, easy to understand and free of any surprises. Of course, if you do have any questions or are unsure of anything please don’t hesitate to ask us.
Book your free consultation today.
Crew Legal – Good lawyers, obtaining great results, for very deserving people.
