The short answer
For personal injury and TPD claims, you typically pay nothing up-front, and nothing at all if the claim is unsuccessful. Fees are paid out of the recovery if you win.
That is what “no win, no fee” means in practice. There are some nuances worth understanding before you sign anything.
What is paid from the recovery
If your claim succeeds, the firm’s fees and disbursements (medical reports, court filing fees, expert opinions, etc.) are deducted from the settlement or judgment. You receive the balance.
The fee is typically expressed as a percentage of the recovery and capped by the costs scheme in your state.
What “no win, no fee” does not mean
- It does not mean the lawyer takes every case. Reputable firms decline cases they don’t think will succeed. That’s how the model works.
- It does not mean disbursements are guaranteed to be waived if the case is unsuccessful. Some firms cover them, some don’t. Read the costs agreement.
- It does not mean you have no exposure to your opponent’s costs if the case fails, though for most personal injury matters there are statutory protections that limit this.
Our approach
At Tae & Partners, no win, no fee is the default for personal injury and TPD matters. We do not bill for the initial assessment. If we don’t think you have a matter, we will tell you in plain language and you owe us nothing.
Our costs agreement is set out in plain English before any work starts.
See also: What does ‘no win, no fee’ actually mean? · How long do I have to make a personal injury claim?