No Win NO Fee
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Our No Win no Fee Guarantee
Compensation claims for injury are often run on a No Win No Fee basis which you would think means that you don’t pay a cent on legal fees if you are unsuccessful… however, be wary that most personal injury solicitors are not willing to wear the risk themselves, and therefore still charge for disbursements (that is any costs other than their time that they incur). This can still amount to a fairly hefty bill.
At Jameson Law, we have a guaranteed No Win No Fee Agreement including any disbursements we incur to run your case. This means that if your claim is not successful, we do not charge you anything. This allows us to maintain a high rate of success as we will let you know upfront, if we feel that your case will not win. We also always ensure our fees are fair and purely reflective of the work and effort we put into making your personal injury case a success. Any costs payable to Jameson Law will be deducted from, and will not exceed, any compensation that you are entitled to receive; you will not pay anything out of pocket.
No win no fee solicitor
No win no fee lawyers are a critical aspect of the legal sector. Legal work is universally accepted to be expensive and it is a service that many cannot afford. This is where the concept of no win no fee stems as it provides services to those who cannot afford them.
The purpose of this type of payment scheme is to make legal services affordable for those who need it. The general understanding is that the scheme can apply to those who are likely to receive a payout as a result of their claim. This assures the law firm that they are likely to recoup their fees. Ultimately these types of no win no fee schemes would not be able to exist if there was no opportunity for firms to recoup their fees.
It is essential that if you think you have a successful claim to make, you obtain legal advice prior to making it so that you can be fully informed of the process and likely outcomes.
What are fee arrangements?
Fee arrangements are normally agreed upon at the time an individual signs a retainer. The retainer will set out the general costs charged for specific legal services but this is merely an overview of what is expected.
Following the signing of a retainer, you may be able to discuss with the firm or your lawyer whether the payment of fees needs to be paid upfront or whether a payment plan can be agreed upon for professional fees. Payment plans will likely still have specific payment requirements, i.e. $100 per week minimum. It is important to understand the fee basis of any fee agreement before signing it.
What is a no win no fee agreement? A no win no fee explanation
A no win, no fee arrangement refers to a situation where a lawyer or firm agrees to represent you without charging any upfront legal fees or legal costs. If your case is ultimately unsuccessful, the lawyer agrees not to charge you any legal fees. If your case is successful, you will be provided with an account of legal costs which become payable.
There are only certain firms that will consider offering this type of service as the consequences for the firm are significant. Typically, personal injury claim cases or motor vehicle accident claims are ones that lawyers will consider offering this type of arrangement. Personal injury claims and motor vehicle accident claims will be discussed further below. Additionally, workers compensation claims or medical negligence claims can also attract this type of arrangement.
These types of claims have a high success rate because they are based predominantly on facts rather than emotions. These types of claims are injury cases meaning that successful outcomes involve compensation. This will assist with the repayment of costs for legal representation.
Case Study
Lucy is in need of legal representation due to a personal injury she suffered in a shopping store. Lucy was walking through the store with her friends when they come across an empty rack full of coat hangers. Lucy passes the rack but as she does she slips on a wet patch of floor and falls over. As she is falling backwards, the rack topples over on top of her because it is too light without any stock on it. Lucy now has a broken collarbone as well as a concussion.
Lucy wants to sue the store due to there being no sign signifying the wet floor as well as the rack being unstable. Lucy has enlisted a personal injury lawyer to assist her. The lawyer has indicated a no win no fee arrangement given they believe Lucy has a strong chance of success.
After reviewing the video footage from the store, it is clear the employee had mopped the back section of the store and not put a sign out. This is clear negligence on their part. Lucy is successful in obtaining a compensation payment.
Are there any unavoidable fees?
The short answer is yes, there are some unavoidable fees that will need to be paid. Court filing fees or court fees in general are unavoidable and must be paid so that your claim can be heard by the court. Most law firms will require these fees to be paid upfront as there is no guarantee they will recoup them otherwise. In some instances, a law firm may be willing to pay the fees for you and then add them to your account for payment later. These fee agreements need to be made directly with your lawyer or law firm and they are not guaranteed. You should always discuss the fee arrangement for professional fees prior to engaging legal services. At Jameson Law our no win no fee guarantee extends to automatically cover all expenses, disbursements and fees so there are absolutely no out-of-pocket expenses throughout your case.
What evidence is required for a successful outcome?
In order for a successful no win no fee case, the evidence required must prove the requisite facts without a reasonable doubt. This may involve expert medical reports, professional standards legislation, etc.
Any claim involving any form of personal injury will require medical evidence to prove the following;
(a) The extent of the injury;
(b) The predicted pain and suffering (if not already crystallized); and
(c) The predicted or actual cost of medical bills and rehabilitation.
The above three elements must be satisfied in order for a compensation claim to be successful so that a specific figure can be attributed. Personal injury lawyers will be able to assist with a prediction of this figure and therefore assist you with seeking a settlement amount.
The first element can often be difficult to prove because the extent of your injury and the predicted pain and suffering may not yet be predictable. In many instances, a significant injury can take some time to stabilize and it can be unknown what specific pain and suffering is to be expected and for how long that pain and suffering will be.
This can also feed into the predicted or actual cost of medical bills as rehabilitation costs can be difficult to predict. Ultimately, the court wants to avoid multiple claims being made due to hurried litigation. This is primarily why personal injury claims in particular have a time limit of three years so that injuries have a chance to stabilise prior to the filing of the claim.
What area of law does no win no fee cover?
Case Study
Allan is seeking a personal injury lawyer to assist him with a motor vehicle accident claim. Allan suspects negligence on behalf of the car company and wants to know if he has legal merit to take legal action.
Allan is concerned about how he will pay professional fees for a lawyer and is concerned his matter may incur barrister fees as well. Allan approaches a firm that is willing to operate on a no win no fee basis. They advise him that he is likely to receive a significant compensation payout due to his injuries, if successful, and that this will allow him to pay his fees charged.
His lawyers advise they will need to bring a barrister on board to assist given the situation. Allan suffered a severed spinal cord when his brakes locked and he crashed into a tree. The airbags in his vehicle did not inflate and a steel rod came through the dash and punctured him. Allan’s medical expert concluded that had the airbags inflated, then the rod would not have come through the car at the angle it did and therefore would not have severed Allan’s spinal cord. He is permanently paralyzed.
Allan’s claim is successful and compensation is paid.
Case Study
Jeremy is filing a workers compensation claim against his liability limited company employer for an injury he sustained while working. His hand was caught in a mechanical gate which ripped a hole through the center of his palm by way of puncture.
Jeremy has engaged a firm who offer legal services on a no win no fee basis. They are confident that his claim will be successful and that the law firm will recoup their legal costs as per their no win no fee agreement. They engage a barrister as well as expert medical advice.
What is a costs application?
A costs application arises when one party seeks that the other party pay their legal fees. It is not usual for this type of situation to occur but in some situations, it can. If one party has refused to recognize the merit of the claim and has not made a genuine attempt to settle the matter then that party could be liable for a costs order.
In the event you are successful in having the other side pay your legal costs or are required ti pay the other party’s costs, your financial situation and ability to pay legal fees will be considered. It is important to have briefed your lawyer on your financial risk situation so they are aware in case the situation arises.
Case Study
Anna is seeking legal advice from her local community legal center regarding a compensation law matter arising from a personal injury matter. Anna is concerned that she cannot afford the fess detailed in the costs agreement for a private firm and she needs generalized advice on a number of areas of law including, medical law, compensation law, and public liability law.
The community center is able to refer Anna to a specialist no win no fee firm who will allow her to defer her lawyers fees until the end. Anna has never had her own lawyer and is unaware of how the process works. She is advised of the likelihood of barristers fees due to the difficult nature of her claim. The firm allows her to enter a fee arrangement not to pay those costs until the end as well.
The no win no fee agreement allows Anna to begin putting money aside in case her claim is unsuccessful as it is predicted that her claim will take several months if not years to resolve. Anna will also need to pay upfront any court filing fees her lawyer incurs.
Case Study
George is worried about how he will pay legal costs for his personal injury lawyers and is seeking to negotiate a no win no fee costs agreements. George is aware that personal injury matters require expert medical reports as per personal injury law.
George does not think he will have too much difficulty obtaining the evidence required given he is in a wheel chair after sustaining a stroke as a result of a brain bleed. The brain bleed is a direct result of slipping on some smeared grapes in his local supermarket.
He is concerned that the supermarket chain’s lawyer has sought that he pay the other side’s legal costs in the event his claim is unsuccessful. His entire claim rests on whether negligence can be proven on behalf of the store employees.
George has contacted several law firms but only one law firm has been willing to engage in a no win no fee arrangement. Hi lawyers warn that he could be put to special or unusual expense depending on whether a barrister is required. The scheme approved will allow these costs to be incurred as well as either paid from the compensation order or settlement amount.
No win no fee lawyers NSW conclusion
Legal costs are usually unavoidable if you wish to seek legal services however, there are certain ways to help reduce your costs. A no win no fee arrangement is best because it protects you from a large account if you do not receive a compensation payout.
At Jameson Law’s no win no fee lawyers Australia, we have a guaranteed No Win No Fee Agreement including any disbursements we incur to run your case. This means that if your claim is not successful, we do not charge you anything. This allows us to maintain a high rate of success as we will let you know upfront, if we feel that your case will not win. We also always ensure our fees are fair and purely reflective of the work and effort we put into making your personal injury case a success. Any costs payable to Jameson Law will be deducted from, and will not exceed, any compensation that you are entitled to receive; you will not pay anything out of pocket.
WE'RE IN IT TO WIN IT
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Our SYDNEY Offices
Parramatta CBD - Head Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Suite 301, 67-69 Philip St Parramatta NSW 2150
Sydney CBD - Practice Office
- 02-8806-0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Tower One Barangaroo International Towers Level 35, 100 Barangaroo Ave Sydney NSW 2000
Blacktown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Level 3 81 Flushcombe Road, Blacktown NSW 2148
(By Appointment Only)
Liverpool CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Level 2, 215-219 George Street, Liverpool NSW 2170
(By Appointment Only)
Bankstown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- 23 Restwell Street, Bankstown NSW 2200
(By Appointment Only)
COURT HOUSES WE FREQUENT
Local Courts
Balmain Local Court
- 1300 679 272
- local-court-burwood@justice.nsw.gov.au
- 368 Darling Street, Balmain NSW 2041
Registry: Monday to Friday, 9:00am to 4:30pm
Bankstown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Court Operating Hours: 9:30am-4:30pm
Blacktown Local Court
- 1300 679 272
- (02) 9672 2666
- PO Box 217 BLACKTOWN NSW 2148
- local-court-blacktown@justice.nsw.gov.au
- 1 Kildare Road Blacktown NSW 2148
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri
Burwood Local Court
- 1300 679 272
- (02) 9744 4144
- PO Box 235 BURWOOD NSW 1805
- local-court-burwood@justice.nsw.gov.au
- 7-9 Belmore Street BURWOOD NSW 2134
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Campbell Local Court
- 1300 679 272
- (02) 9821 7888
- PO Box 3435 LIVERPOOL WESTFIELDS NSW 2170
- local-court-campbelltown@justice.nsw.gov.au
- 150 George Street LIVERPOOL NSW 2170
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Central Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Downing Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- dclc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
- Nearest Train Station: Museum Station (Liverpool Street entrance is directly opposite)
- Levels: Local Court matters are heard on levels 4 and 5.
- Public Transport: Well-served by buses and trains, with easy access to nearby bus stops and Museum Station.
- Parking: Limited street parking is available, and there are several public parking garages nearby.
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Fairfield Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Spencer St & Court Rd, Fairfield NSW 2165
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Hornsby Local Court
- 1300 679 272
- (02) 9847 9955
- PO Box 96 HORNSBY NSW 1630
- local-court-hornsby@justice.nsw.gov.au
- 294 Peats Ferry Rd HORNSBY NSW 2077
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Liverpool Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Manly Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Newtown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Parramatta Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 92 Parramatta NSW 2150, Australia
- local-court-parramatta@justice.nsw.gov.au
- 12 George Street Parramatta NSW 2150, Australia
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Penrith Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Sutherland Local Court
- 1300 679 272
- PO Box 37, Sutherland 2232
- local-court-sutherland@justice.nsw.gov.au
- Cnr Flora and Belmont Street, Sutherland NSW 2232
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Waverley Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
- 1300 679 272
- PO Box 71 BANKSTOWN NSW 2200
- downingcentredc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Parramatta District Court
- (02) 8688 7777
- local-court-bankstown@justice.nsw.gov.au
- 12 George Street, Parramatta NSW 2150
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Penrith District Court
- 1300 679 272
- local-court-penrith@justice.nsw.gov.au
- 64-72 Henry Street, Penrith NSW 2750
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Campbelltown District Court
- 1300 679 272
- local-court-campbelltown@justice.nsw.gov.au
- Railway Street, Campbelltown NSW 2560
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
- 1300 679 272
- local-court-liverpool@justice.nsw.gov.au
- 150 George Street, Liverpool NSW 2170
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Wollongong District Court
- 1300 679 272
- local-court-wollongong@justice.nsw.gov.au
- 97-99 Market Street, Wollongong NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Supreme Courts
Supreme Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
- (02) 6270 6868
- Parkes Place, Canberra ACT 2600
- enquiries@hcourt.gov.au
- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
- 1300 679 272
- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
- sc.enquiries@justice.nsw.gov.au
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Coroner’s Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Industrial Relations Commission of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Land and Environment Court of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
