If you’ve been considering a no-win, no-fee personal injury claim in Queensland, it’s essential to be aware of the traps that can come with this legal funding arrangement. If you have suffered harm in an accident, you may be unable to work and battling to survive financially. So, no win, no fee looks like an attractive option.

While it seems like a simple way to get some financial compensation for your injuries, there are several things you should consider before agreeing to go ahead with no win, no fee funding for your case. In this article, we’ll look at some potential pitfalls and what you need to consider. So please read on to understand more about this arrangement and whether it’s right for you.

What is the Catch of No Win, No Fee?

A no-win, no-fee law firm in Brisbane will manage your injury case on the proviso that you pay legal fees only if you win. But if you have not had a legal matter like this before, you may wonder – what is the Catch? No one does anything for free. Especially lawyers. What do I need to know that they aren’t telling me?

If this is how you feel, you should not let that stop you from getting your legal entitlements. Choosing the best no-win, no-fee lawyer for your case is an excellent option to access your compensation without carrying any financial risk. Before you decide, it is best to know some of the pitfalls of no win, no pay so you can make an informed decision.

What is the No Win No Fee Funding Model?

It is customary in Queensland for a law firm that provides no-fee legal funding to say you will only pay fees when successful. But they may not say who is responsible for costs when you fail. Before signing a legal agreement with your no-win-no-pay lawyer, you must read your cost agreement to know what could happen in every situation.

For Brisbane law firms that offer no-fee legal services to clients, it is expensive and risky to take on cases where they won’t be paid until settlement. Because of this, many will only sign agreements for claims they believe they can win, even though there are no guarantees they can win. If you don’t have enough money to pay your legal costs if you lose, you could end up with no payout and a steep bill.

How Much Will My Compensation Lawyer Take?

It is advisable to check your personal injury lawyer’s fee structure before hiring them. You should also know what you will pay if your claim is unsuccessful. Below are the general fee structures for injury lawyers in Queensland.

Professional Legal Fees

Professional fees are the legal cost of managing your personal injury claim. In Queensland, compensation lawyers cannot charge you more than 50% of your settlement figure.

Instead, no fee solicitors charge using an hourly rate for the work they have completed on your behalf. Some Brisbane law firms will Cap this fee so they cannot exceed a set percentage of your payout.

Disbursement Funding

Reports and assessments are required during the progress of your personal injury claim to build a compelling legal case. These assessments could be accounting reports, specialist physician reports and psychological/psychiatric reviews. The costs of these will be several thousand dollars each.

Disbursement Lending

Most injury lawyers ask you to pay upfront or agree to a disbursement loan. This loan is usually at a high-interest rate and charges interest on your costs. If you win the case, your disbursement fees plus interest would be taken from our payout; however, what happens if you lose your case? Make sure you understand this before you sign an agreement with a personal injury solicitor.

Who pays if you lose?

If you lose your legal compensation case, your legal agreement will outline what happens next. Usually, there are two possible outcomes:

  • You will pay nothing if you choose a law firm that funds your disbursements and legal fees. Your law firm carries 100% of the financial risk of your case. There may be an exception if you go to court – read below.
  • It is standard for a no-win, no-fee lawyer not to ask you to pay their legal fees, but they will ask you to pay for your disbursements. If you have agreed to disbursement funding, there will be a separate agreement for how those costs are recovered.

Splatt Lawyers are a 100% no win, no fee Brisbane law firm. We carry the financial risk of your legal case. When you sign a legal cost agreement with us, you can relax knowing that we will fund your disbursements until you achieve a settlement. Understand more about our fees by contacting our legal team now. It’s free to have a chat about your case.

If I go to court – who pays?

Taking your claim to court is a higher level of financial hazard. A barrister will need to represent you in court and will take their fees from your settlement if you win. The real danger here is regarding an adverse cost order.

Who pays if you have an adverse cost order?

Most compensation cases settle out of court. However, if your case proceeds to court and you win or lose, you could receive an adverse cost order. This order means the court will determine that you are responsible for some or all the other party’s legal fees.

The danger here is that, in some cases, your adverse cost order could be higher than the value of your claim. In this situation, your legal agreement will outline who is responsible for these costs. It is common for no win, no pay lawyers to pass these costs to you.

At Splatt Lawyers, a case rarely goes to court. Most of our matters settle by mediation. We would not take your case to court unless you instructed us to do so. If this happened and you were awarded an adverse cost order, we would carry this cost.

Do No Win No Pay Lawyers only accept cases they can win?

When a law firm takes on your legal matter, they carry your legal costs and risks. If you lose, they still need to cover their costs, office rental, staff salaries and other expenses. So, it is fair for them to accept cases they think will have a good outcome. But, not all lawyers will view your matter equally. Some legal practitioners might feel your claim is unwinnable, while others will see it differently. So, talking with several no win, no fee lawyers in Brisbane is worth understanding your options before making a choice.

Splatt Lawyers would be pleased to review your circumstances and assist you with understanding your legal rights and possible outcomes. We charge no upfront or ongoing fees, and your initial case review is free.

How should I choose my no win, no fee lawyer?

  1. You should consider your legal cost agreement when deciding which Queensland law firm will represent your case. This contract informs how your lawyer will work on your behalf, including when and how you pay their fees. Pay particular attention to these.
  • What are my upfront fees for disbursements?
  • Is your lawyer asking you to take out a loan at a high-interest rate?
  • If you lose your case, will you still pay disbursements?

At Splatt Lawyers, we won’t ask you to pay for any disbursements, nor will we ask you to agree to a disbursement loan. We carry 100% of the financial risk of your case. Just like you, we are focused on a successful outcome. Our legal team will be pleased to explain our legal cost agreement when you contact us.

 2. Like most Queenslanders, you will want the best possible outcome for your legal matter. There are different legal compensation matters such as car accident claims, workers’ compensation claims, public liability claims, and TPD claims. Depending on the type of matter, these can involve physical injuries, mental illness, psychiatric conditions, and other types of illness.

What is Your Legal Experience?

Every legal case is unique. When considering who is the best personal injury lawyer in Brisbane for your case, ask your compensation solicitor what is their experience in your type of case? What will be their legal strategy for delivering the outcome you desire.

Splatt Lawyers has been working with injured Queenslanders for more than 28 years, and our team is led by Kerry Splatt – an Accredited Specialist in Personal Injury Law. You are in safe hands with Splatt Lawyers.

Conclusion

If you’re considering a no win, no fee arrangement for making a personal injury claim, you must know the traps that await you. Be sure to understand what you’re getting into and talk to an experienced lawyer before signing any contract. Ask them to explain all the terms and conditions of your legal cost agreement. Who pays what in each outcome – win or lose, and if you proceed to court. Who manages your claim is your choice. Be sure the settlement of your case is the joyful occasion it should be for you and your loved ones.