No Win No Fee

That’s right! No Win No Fee

In simple terms, ‘No Win No Fee’ means that if you do not win your case, you do not have to pay Kerin Lawyers their professional costs.

Our Professional Fees are instead deducted from the amount rewarded at the successful conclusion of your matter.

If I win, could all my compensation be eaten up by legal fees?

The answer to this is an emphatic “NO!” Kerin Lawyers is bound by rules, regulations and laws that govern how much we are able to charge our clients.

Kerin Lawyers will keep you well informed throughout the process of your claim. Prior to accepting an amount for compensation you will always know how much you will be receiving in-hand to allow you to make a well-informed decision.

No Litigation Loans

We do not make our clients take out Litigation Funding or Litigation Loans for outlay costs. Outlay costs include expenses such as Expert Reports and the cost of obtaining medical and other records, search fees, filing fees, investigator’s reports and accountant’s reports. The costs of these outlays can be quite substantial.

It is often the case that other Law Firms require client’s to take out loans with high interest rates of up to 28% per annum to pay for these outlays.

Kerin Lawyers pays the initial costs of outlays.

Free Initial No Obligation Consultation

Kerin Lawyers will carefully assess the circumstances surrounding your matter at a Free Initial No Obligation Consultation and provide you with a realistic opinion about your chances of winning the claim.

If you choose to hire Kerin Lawyers as your solicitors, Kerin Lawyers’ “Client Agreement” and any risks involved in your case will be fully explained to you.

Please contact us today to make an appointment to attend on either our Brisbane or Woodridge Offices or we can meet you at your home, a hospital or another more convenient location.

If you think you might need a lawyer to help you enter into a No Fee – No Win claim, Kerin Lawyers has a passionate team that can help ensure you receive what you are entitled to. Call us today on 1300 LAWYER or complete our online enquiry form to the right.

FAQ

In what cases is No Win No Fee policies available?

If you’re looking for No Win No Fee representation, many of our services are eligible including;

  • Car accident compensation and motor vehicle accident compensation
  • Workers compensation and work accident compensation
  • Personal compensation
  • Public liability compensation
  • Professional negligence claims
  • Medical negligence claims
  • Estate claims
  • Family provision claims

If we do require you to contribute any upfront costs, we will discuss these additional costs with you before you agree to become a client.

Who can ask/is eligible for No Win No Fee?

At Kerin Lawyers, we look at each No Win No Fee arrangement on a case-by-case basis. Therefore, we will need to be satisfied that your case meets certain criteria. These criteria may include things like whether your claim has legal merit or whether you could afford to take legal action without the No Win No Fee arrangement.

We will ensure you’re completely aware of the likely costs involved to prepare your case as well as any potential risks (i.e. if your claim is unsuccessful).

What will be Kerin Lawyers obligations in a No Win No Fee agreement?

Before we begin working with you, we will set out our obligations to you as our client in formalised written agreement. Generally speaking, the following speaks to the types of obligations you can rely on when dealing with our firm;

  • We will continually work with you in a friendly and straight-forward manner
  • Always remain open with you on all matters of your case
  • We will regularly inform you of your claim’s progress and;
  • Consult with you before any unforeseen or unusual expense is incurred

What will be my obligations in a No Win No Fee agreement?

It is required by law that you, the client, enters into a written agreement with us, as your acting solicitors. This agreement clearly outlines our role and what is expected of you.

Kerin Lawyers will provide you with an overview of our client agreement for your consideration and signature and once signed, will be able to progress with your matter.

This client agreement will outline general obligations such as;

  • Remaining open and honest with everything that is relevant to your claim
  • Advising us of any changes in circumstances that may affect your claim
  • Co-operate – this goes both ways and is integral in achieving a successful result
  • Accept, consider and adhere to the advice given and agreed to between Kerin Lawyers and you
  • Retain within the constructs of this agreement with Kerin Lawyers until the conclusion of the claim

How are the final legal fees calculated?

If you have a No Win No Fee agreement with a lawyer and your claim is for damages for personal injury, the maximum amount a law firm can charge (including GST) is 50% of the settlement amount. This is often referred to as the ‘50/50’ rule:  

Maximum fees = [settlement amount – (refunds + disbursements) ÷ 2]

For example:

You’ve received a settlement amount of $60,000 including costs. You owe Medicare a refund of $2,000 and your outlays (for medical reports and further investigation documents) costs $10,000. The breakdown of costs would be:

Settlement amount                                                  $60,000

Less refund to Medicare                 $2,000

Less outlays                                       $10,000

Sub-total                                            $12,000          $12,000         

Balance ($60,000 – $12,000)                                   $48,000

Divided by 2                                                              $24,000

Cap on lawyer’s fees                                                $24,000

Therefore if the lawyer’s fees come to $20,000, they are able to charge you the full amount of their fees, but if their fees come to $27,000, they can’t charge you more than $24,000.                  

This ensures there is a limit on professional fees that a law firm can charge in a personal injury case. This formula does not apply to any case that is not a claim for ‘damages for personal injury.’

 

How much compensation can I claim with a No Win No Fee agreement?

Each case is different; however in most cases there are three kinds of compensation that may be available.

General Damages refers to the degree of impairment that you have been left with as a result of the accident.   The law takes into account how the level of impairment affects all aspects of your day to day life.  Your solicitor will engage medical professionals to provide Medico-legal evidence, vital to evaluating this aspect of your case.

Expenses you have been forced to incur or will incur in the future as a result of the accident may be able to be claimed.  These expenses can include the cost of future surgery, future medical expenses, private care expenses, home modifications and assistance with administering a personal injury settlement.

Economic Loss refers to lost earnings through time off working following the accident and requires proof of earnings such as pay slips, invoices or tax returns. We may also be able to claim economic loss into the future.

Even if you are found to be at fault, you may still be able to claim compensation in some circumstances under Queensland Law.

Please contact us today for a free, no obligation consultation to find out how much compensation you may be entitled to.

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