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How Does No Win No Fee Work in Australia

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The no win, no fee concept applies in a situation where you hire a lawyer to handle your claim. If your lawyer fails to win the case, then you are not held liable for any attorney fees​, also known as a conditional fee arrangement. The following are some of the main elements of no win no fee cases.

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Conditional Fees

How much do no win no fee lawyers take from their clients? The deal between you and no win no fee lawyers is based on a conditional fee agreement. It is important that you read the agreement before appending your signature. The agreement includes the rules of the contract. In most cases, the conditional agreement states that you should not make any payments unless your attorney wins the case.

However, there is a fee you may be liable to pay, also called the outlay fee. These are the costs that a lawyer incurs when investigating your case. The following are some examples of outlay costs:

- Cost of obtaining copies of police records
- Cost of obtaining copies of medical records
- Cost of talking with any persons of interest

Many attorneys may decide to waive outlay cost, it is important to confirm with your lawyer to determine if they apply in your situation.

Why Do Attorneys Work on a Conditional Basis

A lawyer who works under a conditional agreement is more at risk than one who does not. Imagine a lawyer who puts in 100 hours on their case only to end up losing it. Lawyers are able to compensate for this by including success fees as part of the cost of practicing law. Clients pay more with conditional agreements than they would without, assuming the injury lawyer wins the case.

How do Payments with Conditional Law Work?

Many people wonder how much do personal injury solicitors take. In case you win, you have to pay for everything including disbursement costs, basic costs, the success fee, and in some cases, outlay fees.

The success fee ranges between 15% and 50% dependent on your case. Some of the factors influencing your success fee include:

- The time and labor it takes to deal with the case
- The accident claim solicitors experience
- Any time limits affecting the case
- Your relationship with your attorney

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Will I be refunded My Costs If I were to Win my Court Case?

Whether or not you will be refunded for court cases depends on your case. There are cases when the court cannot award you any costs. Sometimes you may be required to settle your own costs even after winning. In some cases, the court may order the other party to settle part of your costs, for example, if you incurred extra legal expenses because your documents were filed in late. The court awards cost without regard to:

- The work and effort your lawyer has put in
- The costs agreement that you and your attorney may have

What if Legal Fees are Excessive?

If your personal injury solicitors no win no fee overcharges you, it is regarded as professional misconduct.

The first step of determining whether attorney fees are excessive is by requesting for a detailed bill. Your lawyer has 30 days to present you with a detailed bill.

If you still think the charges are high after receiving an itemized bill, you should request that the bill be taxed. This means that the bill will be passed through the relevant court. Taxing a bill is an expensive affair but you should seek legal assistance.

Risks Affecting "No Win, No Fee" Attorneys

The main benefit associated with personal injury claim no win no fee lawyers is that a particular case may be settled quickly and in your favor. One main risk associated with this case is that you may be required to pay much in terms of the success fee. The case may also take long to get settled and result in nominal damages.

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