You may have heard the term “no win, no fee” (also known as no win, no charge or no win, no pay) but what does it actually mean? We’ve answered the most pressing questions when it comes to no win, no fee cases.
What does “no win, no fee” actually mean?
As per its title, a no win, no fee case in one in which your lawyer will not charge legal fees if your case is not successful. Also called “contingent-costs agreements”, this basically means that payment is contingent upon you winning your case.
What is the benefit of no win, no fee?
For many Australians, their financial situation often means that paid legal representation is out of their reach, whether or not they have any chance of winning their case. No win, no fee means that people (who might not have originally done so), now have the ability to pursue a claim.
Can anyone ask for no win, no fee?
Most law firms will look at your situation on a case-by-case basis. For example, here at LHD Lawyers, we ensure that:
- Your compensation claim is legitimate
- You are completely aware of any additional costs that may arise during your claim
- You are aware that you run the risk of having to pay the other party’s claim costs if your claim is unsuccessful
No win, no fee is most commonly applied in compensation cases (such as personal injury or negligence claims) and is not allowed in litigation that involves criminal or family law.
What do I pay if I win or lose?
If your claim is unsuccessful, you will not need to pay any legal fees. However, make sure to check your agreement to see if you are required to pay “outlay fees”. These will include things like:
- The cost of obtaining medical records
- The cost of obtaining police records
- Any court fees
- Any interpreter or expert fees
You will also be required to pay for the legal costs of the defendant.
If your claim is successful, you will be responsible for paying the legal fees, outlay fees, disbursement costs and other basic costs. You may also be required to be a “success fee” which is a percentage on top of your final amount owing.
How are my legal fees calculated?
How your legal fees are determined will be outlined in the Conditional Cost Agreement (CCA) between you and your lawyer. Most legal practitioners will charge an hourly rate, however some firms may charge a lump sum for the entire case.
Here at LHD Lawyers, we believe that everyone should have the chance to pursue a compensation claim, regardless of your financial situation. Contact our team today to request a free initial consultation and find out how we can help you.