No Win, No Fee Lawyers in NSW — What It Really Means for Your Claim

What does “no win, no fee” really mean? If you have been injured and are worried about the cost of getting legal help, you are not alone. Most personal injury lawyers in NSW — including Whitelaw McDonald — work on a no win, no fee basis, which means you will not be charged legal fees if your claim is unsuccessful. But there is something important you need to understand before you proceed: no win, no fee does not protect you from every financial risk. If you take your case to court and lose, you could still be ordered to pay the other side’s legal costs. That is why getting the right advice from the start — and understanding the full picture — makes all the difference.

Almost all Plaintiff personal injury lawyers operate on a “no win, no fee” basis. This can be potentially misleading. What that means is that the lawyer who represents the injured person will not charge in the event the claim is unsuccessful. 

When an injured person brings a claim at common law which is to commence proceedings in the District Court or the Supreme Court, they bear the risk in that if they are ultimately unsuccessful then in most cases they will be ordered to pay the Defendant’s costs. In a contested hearing at Court that can be overwhelming. The reason for this order is due to the rule that costs follow the event. So, if the injured person is successful then they are entitled to an order for the payment of their costs. If the Defendant is successful, then they are entitled to the payment of their costs. Although it is possible for other costs orders, this rule is generally followed.

The “no win, no fee” offering from lawyers will not remove an adverse outcome if the injured person is unsuccessful, as they are likely to be liable for the defendant’s costs.

Whitelaw McDonald Lawyers as with all other personal lawyers does also operate on a “no win, no fee” basis, however when obtaining instructions from a client on the commencement of proceedings we are very mindful of adverse costs orders in the event the matter is not ultimately successful. We take the time to explain all the possible outcomes and ensure that the evidence necessary to successfully prosecute a claim is obtained. We analyse the evidence throughout the matter to ensure that any change in circumstances is communicated to the client.

When obtaining advice from a Lawyer it is important that you take the time to enquire about the likelihood of success and seek from your Lawyer an understanding of why they hold that view so that you are fully informed when making a decision to proceed with a claim.

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