Facing a legal battle, but just don’t have the money for a lawyer? No problem! No-win-no-fee lawyers offer their services to those who need help for free, until they win the case. But do no-win-no-fee lawyers take on every case? If you’re wondering whether or not your case would be one that a no-win-no-fee lawyer would accept, stick around as we take a closer look at the cases these legal professionals typically deal with.
What does no-win-no-fee really mean?
A no-win-no-fee agreement is precisely what it sounds like. A lawyer taking on your case will only get paid if they win. In other words, if there’s a win through settlement or a favourable court decision, the lawyer takes an agreed fee or percentage from the compensation. You generally don’t have to pay their professional lawyer fees if the case isn’t won.
That said, it’s best to always read the conditions of your contract with a no-win-no-fee lawyer. Some agreements still require covering out-of-pocket costs, like court filing fees, expert reports, or medical assessments. Each firm handles this differently, so it’s smart to ask upfront what “no-win-no-fee” covers before you sign anything, because you don’t want to get caught in unexpected legal fees.
What are the kinds of cases that usually qualify?
Most no-win no-fee lawyers in Australia focus on compensation law, cases where someone has suffered harm or loss and is seeking a payout. Here are some of the main types of cases that usually qualify:
1. Personal injury claims
Personal injury is one of the most common types of cases taken on by a no-win-no-fee lawyer. These cases will typically include injuries from accidents at work, slips and falls in public places, or incidents where another person or company was negligent. If someone is hurt because of another party being at fault, there’s usually a good chance of the case being accepted by a no-win-no-fee lawyer, especially if there is strong evidence.
2. Road accidents and motor vehicle claims
Car crashes and road accidents are another big category. These cases often involve injuries to drivers, passengers, pedestrians, or cyclists. No-win, no-fee lawyers handle claims against the at-fault driver’s insurer to cover medical costs, loss of income, and pain and suffering.
3. Workplace injury and workers’ compensation
When an employee is injured at work or develops a work-related illness, they can usually claim workers’ compensation. In many of these cases, lawyers take them on a no-win, no-fee basis because the compensation framework is fairly well-defined, and there’s a good chance of success if the injury is genuine and documented.
4. Public liability cases
Public liability cases involve accidents in public or private spaces, for example, tripping over a loose tile in a shopping centre or being hurt at a venue that didn’t take proper safety measures. Because these claims are based on negligence and insurance coverage, they often fall within the scope of no-win, no-fee arrangements.
5. Medical negligence and healthcare mistakes
These cases can be more complex, but many no-win-no-fee firms do take them. Medical negligence means a healthcare provider failed to meet the accepted standard of care, and that mistake caused harm or worsening of a patient’s condition. Because these cases usually require expert evidence and have higher costs, lawyers only take them on when they believe there’s a strong chance of success.
How lawyers decide whether to take your case
Before agreeing to work on a no-win, no-fee basis, most lawyers will assess whether the case has a solid chance of success. They look at the available evidence, the likely compensation amount, and how much the case will cost.
They’ll also check time limits, known as limitation periods, to ensure the claim can still be filed. If a case looks too uncertain, too expensive, or the evidence is thin, a lawyer might suggest a different arrangement instead of a no-win, no-fee arrangement.
What to ask before you sign anything with a no-win-no-fee laywer
It sounds like a solid deal, not having to pay lawyer fees straight up, but before you commit to a no-win no-fee agreement, it’s worth asking a few simple questions:
- What counts as “winning”? Does it include settlements as well as court decisions?
- What percentage or amount will be taken from the compensation if the case succeeds?
- Who pays for out-of-pocket costs like reports and filing fees?
- What happens if you lose? Do you owe anything at all?
- Could you be required to pay the other side’s legal costs if you lose?
Having clear answers to these questions helps you avoid surprise expenses later on when the case has concluded.
Where can you hire a good no-win-no-fee lawyer?
The first step to seeing whether you have a strong case or not is to approach the right lawyer and simply ask. If you’re looking for a lawyer and are unsure where to start, we suggest you turn to Smiths Lawyers in Brisbane and get a no-obligation quote from a no-win-no-fee lawyer. As experts in the field, they’ll be able to tell if you have a viable case, and they can even help you win it.
Final thoughts
Seeing as no-win-no-fee lawyers depend on winning to get paid, they will typically handle strong cases that are most likely to result in some form of compensation for their clients. This often includes cases of personal injury, car accidents, damage to personal property, workplace injury claims, and similar cases with strong evidence of negligence from the opposing party.
