Is No Win, No Fee worth it?

A ‘no win, no fee’ agreement is where a lawyer agrees not to charge any legal fees unless the case is won. This enables an individual to seek compensation without the worries of spending significant sums of money on legal fees upfront. 

With this type of agreement, If your lawyers are unsuccessful, you won’t have to pay them for their work on your case.

 

Should your lawyer make a successful claim on your behalf, they will often be paid the majority of their costs from the compensating insurer to cover the costs of their work carried out. If there is a shortfall in the costs that have been incurred compared to what the insurer will pay then the shortfall is your responsibility. Lawyers have different agreements with their clients about this shortfall. Some will charge whatever that shortfall is, however some will cap the shortfall to a % of your damages, which provides you with certainty that you will not lose a majority of your damages in legal fee’s.
Any arrangement on costs will be discussed in detail with you before you proceed with your case. Our recommendation is that you read all the terms and conditions and discuss as much as is necessary with your lawyer how the fees will work once the compensation is successful, before agreeing on the terms.

 

There are no hidden costs or surprises with No Win, No Fee. It is a legal requirement for lawyers to inform you of the agreement of how costs will work. These are set out clearly in the initial documentation you receive and sign as part of the agreement to proceed with your case.

 

In the majority of workers compensation claims in Western Australia this will be the insurer that your employer pays their workers compensation premium to each year. As such you do not need to worry about your employer being out of pocket, this is what they pay your insurance for. 

Likewise, with motor vehicle accidents in Western Australia, you are compensated by an insurer. This insurer in all cases that involves the at fault party driving/riding a motor vehicle is the Insurance Commission, often referred to as ‘ICWA”. The person responsible for the accident will have paid their ‘rego’ to ensure that in the event of an accident they are covered to compensate you for any losses relating to injuries you may have sustained. As such, you do not need to worry about the person who was responsible paying you personally, this is why they are insured.

 

With all accident claims cases there are no guarantees, however at the time of speaking with Accident Claims Lawyers about your case we will be able to advise you if your case has ‘reasonable prospects of success’. Personal injury lawyers are experts in deciding whether a case will be successful. Workers’ compensation and motor vehicle accidents are all worth considering, especially if you are seriously injured and have to take time off work. To get in touch …

 

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