fbpx

No Win. No Fee

The Carter Capner Group has a long history associated with the people of Queensland and the city of Brisbane. Carter Capner Law’s No Win No Fee terms afford fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity.

No Win No Fee Injury Claims

A " no-win, no-fee" agreement offered by law firms such as Carter Capner Law addresses fairness for clients seeking legal representation for claims for loss of income from accidents, personal injury and certain other cases. Often referred to as " no-win, no-charge" and " no-win no-pay," fees and case expenditures are only payable when the claim is successfully finalised or you are made a reasonable settlement offer that you decline  to accept.

With your lawyer taking on the financial burden of pursuing your case, you can focus on your recovery and in the meantime on how best to care for your family.

No Win No Fee – why is it important?

Large insurance companies have a huge legal budget and refusing to pay claims is just part of how they do business.

Because they are so big, they have been able to persuade the government to change the legal system so it works in their favour. As a result, injury compensation claims are much harder to win and the damages that and that the at-fault party  must pay to the person injured through no fault of their own has been diminished substantially.

Legal rights that just 20 years ago we could take for granted - and that citizens of other English-speaking nations still enjoy - have been subverted or abolished altogether.

If insurance companies had their own way they would pay next to no claims whatsoever.

“ No-win-no-fee” terms that Carter Capner Law and other firms offer helps overcome the disparity between powerful insurance companies on the one hand and ordinary individuals with limited resources on the other.

Can I be left with a legal bill to pay?

There's no need to worry that after legal costs are charged you will be left with a legal bill to pay. Queensland law protects your interests by placing an upper limit on  professional fees (including GST) that can be charged to a ' No Win. No Fee.' client.

The 50/50 rule guarantees that any legal fees that you are charged can not exceed half of the sum left after refunds (eg to Medicare, Centrelink etc) and case expenses (barrister fees, medical specialist report fees etc) have been deducted.

This rule often comes into play in claims that have a settlement value of less than $80,000 because insurance companies are only liable to pay any of the injured person's legal costs if the settlement value is higher than that sum. 

What happens if your case is successful?

If your claim results in a payment or an offer of payment to you,  costs are calculated according to the work actually performed. These together with expenses incurred are payable out of the claim proceeds.   

Some law firms would then charge you an additional uplift fee (also known as a success fee). 

Carter Capner Law does not charge an uplift fee that can be as high as 25% of the professional fees.

What happens if your case is unsuccessful?

When a “No Win. No Fee.” a lawyer is unable to resolve a claim with a payment or offer of payment to you, then you do not have to pay any legal costs. 

More than 93%  of our client's disputes are settled at Carter Capner Law without having to go to court. We are very cautious in assessing the likely success of the  cases we take on. Put another way, if we take in your case on a no win no fee basis it's because our technical knowledge and legal expertise gives us the  confidence to proceed to a winning outcome.  

What is covered by our "No Win No Fee" Injury Claims agreement?

Carter Capner Law offers No Win. No Fee. for most injury compensation cases that it takes on, including:

Road Injuries

Work Injuries

Travel Injuries

Medical Injuries

Public Liability Injuries

Recreational Injuries

Other Injuries

In some cases like medical negligence, we ask our client to meet the case expenses – but in many cases, we still take the financial risk of investing thousands of hours of expert professional work to ensure the claim’s success.

Once you choose Carter Capner Law, we will evaluate your prospects of success and discuss no win no fee terms with you. 

Are you eligible for "No Win No Fee" Injury Claims representation?

Before we ofer No Win. No Fee terms, we need to be sure that:

  • There is legal merit to your claim
  • Your claim has a good prospect of success. A strong case may typically be settled and resolved without the need to go to court which will keep legal costs lower andeliminate the possibility of losing in court.
  • You could not afford to take legal action without no win no fe representation;
  • You are fully aware of the costs ithat apply if the claim is successful.

The greatest advantage of a "No Win. No Fee" agreement  is to ensure that, irrespective of your financial status, you can get justice in the legal system. In compensation cases, there are typically time limits involved and it might not be an option to wait until you can afford to hire a lawyer.

We reserve the right to assess the success prospects of your potential claim. Call or email today for a no-obligation “No Win No Fee” discussion with our expert claims lawyer. A discussion with our experts will help relieve stress and anxiety at an already difficult time for your family.

Time limits that restrict the period in which you may make a claim unfortunately don’t give you the luxury of deferring any action.

Get in touch with us