Crew Legal act on a No Win, No Fee basis for clients in personal injury law cases.
If you have been injured at work, in a motor vehicle accident or in a public liability accident, you will be offered a free initial consultation to discuss the matters relevant to your potential case.
One of the factors to be discussed at that initial consultation is your prospects of succeeding in the claim. If it is considered that you have sufficient prospects of winning your case, you will be offered the option for Crew Legal to act on your behalf on a No Win, No Fee basis. This removes the burden of cost from your shoulders and allows a vigorous pursuit of your case.
But what does No Win, No Fee actually mean?
Put simply, it means what it actually says. If you are not successful in your case, there will be no fees payable to Crew Legal for the work performed.
So what is a successful outcome?
A successful outcome in a damages claim is either a settlement or a court award where damages are payable to you for the injuries that you have sustained in the accident. It is only if you recover damages that costs will be paid from the damages award that is claimed.
Are costs able to be recovered from the Defendant?
In claims resulting from motor vehicle accidents or public liability incidents, some costs may be recovered from the Defendant if certain thresholds of damages are met. In some cases, up to 70% of your legal costs are recovered from the Defendant on top of the damages. In WorkCover cases, generally speaking, either no or very limited costs are recovered pursuant to the legislation that governs those claims.
What happens if costs are greater than the damages that are recovered?
Helpfully, there are provisions in the Legal Profession Act 2007 (Qld) which make it a requirement for law firms acting on a no win, no fee basis to reduce their fees in circumstances where their professional fees would exceed the amount that a Claimant would receive “in the hand” from the damages claim. That rule is called the 50/50 rule and provides some assurance that should you succeed in the claim, your costs must be such that you receive a reasonable amount “in the hand” from the claim.
What happens if I lose my case?
If a claim has been undertaken on a No Win, No Fee basis, if you are unsuccessful in the action, you do not have to pay any costs to your Solicitor for the work they have performed. However, that does not mean that the case is risk free. In circumstances where the matter has proceeded to a Court trial and a Court has determined that the claim is unsuccessful, it is commonly the case that a Court can order that the unsuccessful Claimant contribute to the legal costs of the Defendant in defending their claim.
How many cases go to Court?
Very few cases for personal injury matters proceed all the way to Court. Approximately 98% of cases settle by agreement without a trial. There are many positives to resolving a claim by agreement if possible. These include limiting costs, time and stress. However, the Court is always there should the parties fail to be able to come to an agreement and a decision needs to be made.
The Crew Legal Way
At Crew Legal, we genuinely care about our clients. We provide clear and transparent information about costs upfront and at all times along the claim pathway. We are here to provide meaningful advice and solutions.
At a time when you are most vulnerable, we are committed to ensuring injured people receive the best advice and the best outcomes at a fair and reasonable price, so that you can focus on your family and your recovery. That is what matters most, to you and us!
