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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.
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?
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.
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.
Frequently Asked Questions.
A claim for personal injury compensation will be made against the driver’s (driver at fault) Compulsory Third Party better known as CTP insurer. You must establish that you have suffered a serious injury (non-minor injury) for example a brain injury and that you have suffered a loss as a result of the car accident.
It is extremely important that investigations commence as soon as a car accident occurs as the new CTP scheme places strict time limits as to when a claim form must be lodged. For this reason, you should contact our law firm immediately after an accident for legal advice.
The CTP insurer will attend to payment of all reasonable and necessary medical treatment, hospital and medical expenses, rehabilitation and medication. In addition, you can claim for loss of earnings, loss of enjoyment of life and pain and suffering as well reimbursement of all your out of pocket expenses relating to your injuries.
A large component of car accident claims is damages (compensation) for non-economic loss that is pain and suffering. The Motor Accidents Injuries Act 2017 dictates that an injured person is only allowed to claim for pain and suffering if the degree of whole person impairment is more than 10%. The maximum payout that an injured person can claim for pain and suffering is 521,000. This does not include your entitlements for past and future economic loss which is the loss of income.
At Jameson Law, our car accident lawyers guarantee to achieve the best possible outcome for your car accident compensation claim. You may also be eligible to claim for Total and Permanent Disablement (TPD) as a result of Motor vehicle accidents claims are taken on a no win no fee basis which means that you will not pay for our legal fees unless we have successfully resolved your matter.
Pain and suffering is proved by medical evidence. This includes clinical notes and reports from treating doctors, diagnostic imaging reports (x-rays, MRIs, CT scans)as well as obtaining reports from doctors who are authorised to comment of the degree of impairment.
The maximum amount of compensation that can be awarded for pain and suffering is $521,000.
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