The North West Star

How to make a no win no fee claim on the Gold Coast

Smith's Lawyers on the Gold Coast offer No Win - No Fee services, meaning you get to keep all of your settlement money. Picture Shutterstock
Smith's Lawyers on the Gold Coast offer No Win - No Fee services, meaning you get to keep all of your settlement money. Picture Shutterstock

This article is in partnership with Smith's Lawyers.

So, here's the deal with the No Win - No Fee arrangement: if your claim doesn't pan out, you usually won't be hit with any legal fees. But, keep in mind, if you win your claim, the No Win - No Fee deal may still mean you're on the hook for some legal costs, including what's called a 'success fee'.

Now, in case you're wondering, a success fee is really just an extra percentage tacked on to the final costs. For instance, South Australian law allows a bump in costs of up to 25 per cent as a success fee. But don't worry, this extra isn't taken out of your settlement money.

Companies like Smiths Lawyers on the Gold Coast offer No Win - No Fee services, meaning you get to keep all of your settlement money. These deals are designed to help people who couldn't otherwise afford legal representation get the justice they deserve.

Exploring the scope of a No Win - No Fee agreement: Does it include the lawyer's out-of-pocket expenses?

Let's break it down. In the legal world, there are often costs that go beyond lawyer fees. These are known as disbursements and can include court costs, doctor's fees, expert opinions, and even a barrister's time. These costs are typically recoverable, either in full or part, from the other side when you win.

But if they can't be recovered, you, the client, would usually cover them as part of your legal costs. It might also happen that your lawyer asks you to pitch in for these disbursements during the process.

If you find yourself unable to cover these costs, there's a solution: a Litigation Funder. This is a third-party entity that can offer you financial support specifically for these disbursements. Your lawyer will talk you through this option. So how does it work? The Litigation Funder covers the disbursement costs on your behalf using a special finance facility.

At the end of a compensation case, things change a bit. Here's the rundown: your lawyer will take the total amount owed to the Litigation Funder (plus any incurred interest, fees, and charges) from your compensation. But don't worry - if these amounts can be recovered from the other party, they'll be returned to you.

The principle of a No Win - No Fee agreement is simple: you only pay your lawyer if you win your case. But as we've seen, there are other costs involved in the legal process that need to be covered.

So, when considering this type of arrangement, make sure to discuss any potential additional expenses with your lawyer before signing on the dotted line. This way, you can have a clear understanding of what will be covered and any potential financial obligations you may have during the process.

Remember, the goal of a No Win - No Fee agreement is to provide access to justice for those who may not otherwise have it, so make sure to fully understand the terms and conditions before proceeding with your claim. As always, seek legal advice from a reputable law firm to ensure the best outcome for your case.

With a No Win - No Fee agreement on the Gold Coast, you can feel confident that you will receive quality legal representation without any financial burden.

Assessing your financial obligations in unsuccessful cases: Will you be responsible for the other party's costs?

Stepping into a courtroom always comes with its fair share of uncertainties. For instance, one may wonder, "What if the case doesn't go in my favour?" In such instances, some courts and tribunals do have the authority to order one party to cover the other's costs (namely, the defendant's).

However, it's important to remember that this doesn't happen all the time - in fact, it's a rarity, with most matters getting resolved before even making it to trial.

This is a risk inherent to all forms of litigation. But don't let this deter you; rest assured that their case will undergo constant evaluation to minimise the risk of being hit with an unexpected bill for the defendant's legal fees.

Conclusion

A No Win - No Fee agreement can be a beneficial option for individuals seeking legal representation on the Gold Coast. It allows access to justice without the financial burden and provides peace of mind, knowing that if your case is unsuccessful, you won't be responsible for your lawyer's fees.

However, it's important to fully understand the terms and conditions of the agreement and any potential additional expenses that may arise. Always seek the advice of a reputable law firm to ensure the best outcome for your case.

Litigation funders can also provide support for disbursement costs, further minimising any financial risk involved. Remember, with a No Win - No Fee agreement, you have nothing to lose and everything to gain in seeking the justice you rightfully deserve.