No Win. No Fee

The Carter Capner Group has a long history associated with the people of Queensland and the city of Brisbane.

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 finalised and only if it is successful.

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.

The aim of the Australian legal system is to provide access to justice across all socio-economic sectors. Yet a fair go in court will be cost-prohibitive for those on a tight budget, with a no win no fee option.

How is your compensation injury claim calculated?

It's natural to worry that after legal costs are charged you will be left with no compensation. You will be relieved to know that Queensland law protects your interests by placing a maximum limit on the professional fees and the uplift fee that can be charged by 'No Win. No Fee.' lawyers.

The 50/50 rule guarantees that any legal fees that you are charged can not exceed half of the total sum after the charges have been deducted from the compensation (along with any costs awarded in the favour).

The maximum uplift fee that can be charged can not amount to more than 25% of the professional fees.

What happens if your case is successful?

With "No Win.  No Fee." Agreement, if the decision is successful, you will generally be charged the legal costs as well as any outlays incurred in your case. In addition, some law firms would then charge you an additional uplift fee (also known as a success fee).

At Carter Capner Law, our “No Win. No Fee.” agreement provides that we will only make an estimate for professional costs and outlays in case the claim is successful or compensation are paid in your favour. We do not charge any uplift fee.

What happens if your case is unsuccessful?

When a “No Win. No Fee.”lawyer is unable to settle your claim, then you do not have to pay any legal costs as specified by your agreement to pay. When a settlement is not possible, you may tell your lawyer to bring proceedings to trial. The risk here is that the lawyer may lose the case in court. If this happens you will be legally obliged to pay the other party's legal costs.

More than 97% of our client's disputes are settled at Carter Capner Law without having to go to court. We are very cautious in all the cases we are being retained in. As a result, we have never been in a position to lose or have any customer pay the costs to the other party.

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

Carter Capner Law offers No Win. No Fee. agreements for many of our legal services relating to compensation, including:

Road Injuries

Work Injuries

Travel Injuries

Medical Injuries

Public Liability Injuries

Recreational Injuries

Other Injuries

However, in some cases, such as complex claims in  Medical Law, you may be required to contribute to the initial investigative reports' upfront costs. Once you plan to proceed with us, we will evaluate and negotiate any possible potential costs with you. The " No Win. No fee." agreement is usually not applicable for our cases in common law such as commercial litigation.

Are you eligible for our "No Win No Fee" Injury Claims agreement?

In a case by case basis, we offer the No Win. No Fee agreement. We need to be sure that before we give you the agreement that:

There is legal merit to your claim

A "No Win. No Fee" lawyer has to determine, before taking on the financial risk of your claim, whether your situation has a good prospect of success. A strong case may typically be settled and resolved without the need to go to court. It helps your lawyer to recover their legal costs, as well as making sure you minimise the possibility of losing your case in court.

You could not afford to take legal action without this agreement;

Being out of work could impact your financial situation immensely. And it can leave you unable to afford the legal fees that you need to get the compensation you deserve. A "No Win. No Fee" lawyer will help relieve the pressure on you and your family in these emotionally stressful times.

You are completely aware of any possible costs in preparing and handling your claim;

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.

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