Understanding no win no fee

It is part of Millner and Knights ethos to provide plaintiffs with a fairer deal when it comes to making a claim. We believe that every Australian should have access to the right legal representation and strive to secure the best possible fee arrangements for our clients.

How does no win no fee work?

No win no fee has two distinct advantages

1. You can claim compensation without having to pay any upfront fees
2. if your compensation claim is not successful, you won’t be left with a hefty legal bill

Because you don’t have to fork out to get the ball rolling or worry about being left out of pocket if things go south, you can focus on recovery while your legal representative pursues your claim. It’s also worth remembering that if you don’t get paid out, neither does your lawyer, this makes them even more determined to achieve a positive outcome.

Eligibility for no win no fee

When determining a claimants eligibility number of legal requirements must be met. You may be eligible if you have been injured in an accident that was not your fault, when:

• fault, or partial fault, has been established on the part of another person, business or organisation
• and you meet some or all state-specific thresholds depending on the seriousness of your injury.

We will be able to let you know if you can take advantage of no win no fee after a personal injury or medical negligence expert has assessed your case. Your claim will be reviewed thoroughly at no cost to you and there’s no obligation to proceed if you’re not ready.

What matters are taken via no win no fee

Most personal injury matters are covered so long as there’s a good chance a claim will be successful. Some of the most common cases we handle include:

• Road accidents
• Workplace incidents
• Medical negligence
• Public liability
• Insurance disputes
• Superannuation claims
• and TPD.

In most states, no win no fee can be offered for any type of legal matter besides family law and criminal law.

Can I be refused no win no fee?

Your legal representative will determine whether or not your claim has merit based on the information you provide. If there’s only a 50% chance of winning, your case could get refused.

Solicitors are not obliged to offer no win no fee to their clients and sadly it comes down to risk vs reward. If you have had a claim rejected by one firm you need to understand that it’s not the end of the road. With over 60,000 solicitors practising in Australia there may be someone willing to help.

How much do solicitors ultimately charge?

In Australia, solicitors are only legally allowed to charge you for own professional fees and thier disbursements. Professional fees are what a lawyer charges for their expertise, time and experience. In most personal injury matters the hourly rate a solicitor can charge is regulated by legislation.

For example, the Legal Professions Act WA, states the hourly rate for a senior practitioner is capped at $495 and $352 for a practitioner with less than 5 years experience. See image below

Disbursements, on the other hand, are costs incurred for any services required in connection with a legal matter such as medical reports and expert testimonies.

In some states, solicitors are permitted to change what’s called an uplift fee or success fee, however, this can not exceed 25%.

What is an uplift fee?

Many people are mistaken for thinking that an uplift fee is a percentage of their total compensation which is incorrect. An uplift fee is based on your solicitor’s legal fees, for example, if their fees amount to $10,000 and they win your case, with a 25% uplift fee they are entitled to charge $12,500.

Read more about uplift fees.

• Compensation Law