Introduction to No Win No Fee Personal Injury Claims
Personal injury claims in Australia can result in the the risk of large legal costs for those people who intend to pursue a case. Personal injury solicitors/lawyers can help you avoid facing such expenses.
The likelihood of getting legal assistance is unlikely to be available to those who claim a personal injury compensation/payout in the event of a road accident or workplace-related injury. Legal aid cannot be obtained in any claim relating to personal injury.
The implication of this is that the claimant could potentially spend a significant sum of money to pursue such a claim, only to not win in court. Conditional fee structures can protect claimants against such a scenario from occurring
Conditional Fee Cases
Conditional fee cases are known to many as ‘no win no fee’ agreements. What this means is if case is thrown out of court you will not be liable for fees to your solicitor.
‘No win, no fee’ legal cases are not without their costs, however your solicitor could insist that you purchase “after the event insurance.” Purchasing such insurance prevent you being liable for opposition costs, should the case not go in your favour.
In Australia, you are not obliged to purchase “after the event insurance, (ATE insurance)” however consulting your solicitor is advisable.
Other Legal Expenses
Despite the premise of not having to pay legal fees there may still be other expenses that you will have to folk out for. In the event of a personal injury compensation claim, as an example, a complainant would almost certainly have to pay for accident and medical fees, court appearance fees and potentially expert witness fees. Such costs can become very significant and are not covered by the conditional fee agreement.
Prior to drawing up any contracts with your solicitor, you should initially ascertain the expenses and fees that you may be liable for. In addition, be sure to obtain a cost estimation for what their legal costs are likely to be.
Be sure to inspect the agreement very closely to determine if you are liable for any costs if the case is lost or a settlement cannot be decided – don’t let the small print get the better of you.
In the event of you losing a case, then you will not be required to pay the solicitors fees. If you win the case, then you will be liable for a success fee. This success fee is usually obtained from from the side that loses in court, however it is possible that the court decided that the loser is not 100% liable for all of your solicitors fees. In such a scenario, you would be liable for fees out of your own pocket.
Success Legal Fees
Prior to entering any agreement with a Personal Injury solicitors firm, you should definitely check the nature of their success fee. Find out the level of compensation that you think you would get in the event of a win. Be sure to ’shop around’ if you feel that the fees are too high – you will more than likely find a suitable solicitor within your budget
The fees that are charged by solicitors vary from firm to firm in Australia, so be sure to get a range of personal injury quotes
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