If you’ve suffered an injury due to someone else’s negligence, Millner and Knight can help. Our national panel of No Win No Fee lawyers make claiming compensation painless.
With us, it’s simple, if your case is unsuccessful your legal costs get waived. No risks, No upfront fees and No hidden surprises.
- So far in 2020, we’ve helped 49 people with their compensation claim
- All matters relating to personal injury are covered by no win no fee
- Millner and Knights lawyers often help claimants when other firms can’t
- Strict time limits apply so it’s important to act swiftly
- Our advice is free and impartial and comes with no obligation
- We have offices in Sydney, Melbourne, Brisbane, Perth and throughout each state.
What is No Win No Fee?
No Win – No Fee, No Win – No Charge and No Win No Pay are nicknames for what’s legally known as a conditional costs agreement (CCA). Contrary to popular belief, no win no fee is not a legal right, it’s offered to victims of no-fault accidents on a case by case basis depending on the strength of their claim.
History of no win no fee
No win no fee agreements were introduced progressively by lawyers throughout Australia during the 1990s. The implementation sought to relieve worry in people looking for justice after an accident that wasn’t their fault. Before this, an unsuccessful plaintiff would pay for all of the legal costs involved with making a claim out of their own pocket on a pay as you go basis. If their case was successful, they would keep all the compensation awarded to them.
How does No Win No Fee work?
This type of agreement allows you to instruct a personal injury lawyer and his/her legal team to proceed with your matter without paying any upfront fees.
Generally, legal proceedings can go three ways:
- Your claim lacks merit and proceedings come to a halt
- Your claim is accepted and you agree to an out of court settlement negotiated by your lawyer
- Your claim goes to court and is ultimately won or lost
Regardless of how your case pans out, if your claim is unsuccessful you will not be held accountable for your lawyers or the losing parties legal costs.
On the other hand.
If your claim is successful, you will keep 100% of your compensation minus any of the legal fees. It’s worth noting from your perspective, that in most cases, the legal costs are recovered from the losing party or their insurance company.
Because our lawyers only get paid if and when your case is successful it means they are all the more determined to achieve a positive outcome.
What should a No Win – No Fee agreement look like?
There is no one size fits all template for law firms however, there are several components which must, or should be mentioned on a law firm/plaintiff agreement which are:
- Detailed information on what is considered a ‘successful outcome’ for the plaintiff
- Outlays to be paid such as professional fees and disbursements irrespective of the outcome of your claim
- Be in clear, plain English and signed by the law firm
- May contain information (depending on which state you are in) regarding an ‘uplift fee’.
- Must contain a statement that the plaintiff has been informed of their right to seek independent legal advice before signing any paperwork
- If you are in QLD and qualify, details of the 50/50 rule
- Must by law contain a cooling‐off period of not less than five clear business days during which the client, by written notice, may terminate the agreement
If you have questions or queries regarding a contract that has been presented to you by a law firm you can call us anytime for peace of mind. You can also learn more about contracts between businesses (law firms) and consumers (plaintiffs) on the Australian Competition and Consumer Commission website.
What types of matters are covered by No Win – No Fee?
The short answer to this question is that all personal injury claims may or may not be covered under no win no fee.
Some of the most common matters that warrant conditional costs agreements include:
- Road accidents
- Workplace incidents
- Medical negligence
- Public liability
- Insurance disputes
- Superannuation claims
- And many more
If you have suffered a personal injury that falls outside any of the categories mentioned above we may still be able to help.
What if a lawyer can’t offer me a No Win – No Fee guarantee?
Unfortunately, by law, law firms are not required to offer No Win – No Fee to plaintiffs. In fact, some firms don’t offer it whatsoever. It all depends on the individual law firms’ personal preferences.
If you cannot find a solicitor to help you then you may want to consider the following options:
- Start a crowdfunding page to cover the legal fees
- Contact Legal Aid in your state
- Get free legal advice from your local community legal centre
- Represent yourself
At Millner and Knight, we have never undertaken a case where our panel has required a plaintiff to pay for their legal costs upfront or as you go.
If you have had your case rejected by another law firm, you can call us to have your case reassessed by one of our experts. Every day we help people with their matters when other firms can’t. You can contact us on 1800 106 107 for a free, no-obligation consultation regarding your situation.
What to consider before signing a No Win – No Fee retainer?
Before entering into any legally binding document you should consider the following 10 things:
- Do you understand exactly what you’re entering into?
- Have you thoroughly read the terms and conditions of the agreement?
- Do you completely understand the terms? If not ask for them to be explained or get a second opinion.
- Have you been made aware of the five‐day cooling-off period?
- Don’t agree or sign any paperwork on the spot, many people can often feel intimidated which may affect one’s judgement.
- Is the law firm charging an uplift fee?
- Has someone at the law firm given you an estimation regarding the overall costs?
- Does the contract clearly state the 50/50 rule?
- Have you shopped around or spoke to other no win no fee lawyers?
- Have you been made aware that the defending parties legal costs may not be covered
Is a No Win – No Fee agreement right for me?
Only you can answer that question, we hope that after reading this page you will have a better understanding of how the process works. If you are still unsure and would like some further information you can call us for a free and friendly chat regarding your individual circumstances. We can also let you know whether or not you qualify for No Win – No Fee, normally within a matter of minutes.
When you call us, we will never ask or pressure you into starting your claim for compensation with us. Our goal is to simply make you aware of your rights and responsibilities as a plaintiff and find a solicitor from our panel that is best suited to your case.
The number to call is 1800 106 107
Millner and Knights promise to you
Our no win no fee lawyers are honest, professional and sensitive in their approach, and will never ask or pressure you into starting a claim. Whether you’re calling us for advice regarding your accident and injuries or on behalf of a loved one, we promise to listen carefully to your story and provide you with the right advice.
What you can expect from us
- Free and impartial advice before you decide to claim
- no stress over finding the right solicitor
- your case to be handled quickly and efficiently
- predetermined fees
- no upfront costs
- nothing to pay if your case is unsuccessful
- no risk of paying the other side’s costs
- fee % caps (so that your settlement isn’t wiped out by costs)
- most of your costs to be paid out by the losing party
Millner and Knight specialise in all types of matters and can provide you with immediate risk-free legal representation anywhere in Australia.