No Win No Fee Personal Injury Claims

REDCLIFFE, Australia - April 14, 2025 - PRLog -- If you're considering undertaking a personal injury claim under a 'No Win No Fee' arrangement, it's useful to better understand some of the conditions that may apply.

What happens if costs are greater than the damages that are recovered?

Helpfully, there are provisions in the Legal Profession Act 2007 (Qld) which make it a requirement for law firms acting on a no win, no fee basis to reduce their fees in circumstances where their professional fees would exceed the amount that a Claimant would receive "in the hand" from the damages claim. That rule is called the 50/50 rule and provides some assurance that should you succeed in the claim, your costs must be such that you receive a reasonable amount "in the hand" from the claim.

What happens if I lose my case?

If a claim has been undertaken on a No Win, No Fee basis, if you are unsuccessful in the action, you do not have to pay any costs to your solicitor for the work they have performed.  However, that does not mean that the case is risk free. In circumstances where the matter has proceeded to a court trial and a court has determined that the claim is unsuccessful, it is commonly the case that a court can order that the unsuccessful claimant contribute to the legal costs of the defendant in defending their claim.

How many cases go to Court?

Very few cases for personal injury matters proceed all the way to court. Approximately 98% of cases settle by agreement without a trial. There are many positives to resolving a claim by agreement if possible. These include limiting costs, time and stress. However, the court is always there should the parties fail to be able to come to an agreement and a decision needs to be made.

Based in Redcliffe, Crew Legal are personal injury lawyers who assist clients across  Queensland. Visit https://crewlegal.com.au/ to learn more.