When you get injured at a workplace or on private property, such as a mall, it is advisable to hire an injury lawyer immediately. An injury lawyer conducts investigations and files for claims in cases of negligence. That said, injury lawyers charge for their services differently. Some lawyers favour an unconditional fee agreement where you pay a deposit upfront and the balance once a case is finalised. Other injury lawyers prefer the no win, no fee or conditional arrangement. Most clients know about the unconditional fee arrangement, but few, if any, have heard about the conditional agreement. If you belong to the second cohort, here are key questions to ask regarding no win, no fee agreements.
What Is a No Win, No Fee Agreement?
If you do not understand something, the first thing you should do is seek a detailed explanation. Therefore, you should seek to understand what a 'no win, no fee' agreement between an injured party and a lawyer means. Fundamentally, a no win, no fee arrangement means that you only pay an injury lawyer a contingency fee if they win your compensation claim. However, if you lose your claim, you do not have to pay them the contingency fee for their services. Therefore, it is essential for people with a genuine claim case who lack upfront fees to pay for legal services.
Does a No Win, No Fee Agreement Assure Success?
Like most people, you would be excited if a lawyer proposes a no win, no fee arrangement. It is because of the belief that no lawyer will agree to represent an injured party if they know that the chances of success are slim. Notably, a reputable injury lawyer first looks at the merits of your case before advising you accordingly. Therefore, if your chances of winning a compensation claim are low, they will tell you that from the onset. Therefore, just because an injury lawyer proposes a no win, no fee agreement does not guarantee success for your case.
Will You Receive 100% of Your Compensation?
When your lawyer wins a compensation claim case, the legal costs incurred are recovered from the party responsible for your injury through the principle of polluter pays. With a lawyer's legal costs covered, does it mean that clients receive 100% of the compensation? Well, it depends on the no-win-no-fee agreement. Most injury lawyers include a success fee in the agreement, meaning that they will receive a percentage of the compensation should they succeed. For instance, a lawyer could charge 15% of the total compensation as a success fee. The only way you are guaranteed 100% compensation is if you are a member of a trade union and opt to use the union's dedicated legal service.
If you have any questions, consult a no win, no fee injury lawyer.
Share19 July 2021
I love watching legal dramas from all different countries. I often call up my friend who is a lawyer to ask her about whether the cases I have seen on the latest drama are realistic or if they wouldn't happen that way in Australia. It's so interesting to me to see the changes that they make to make the stories flow more convincingly as well as the differences between the law in Australian compared to other countries. This blog is for other fans of legal dramas like me and has some tips on the best places to get real legal advice (hint, it's not on the TV!).