No Win No Fee Lawyers Queensland – How It Works + 25% Fee Cap

Most personal injury law firms in Queensland offer no win no fee agreements—but not all agreements are the same. At Denes Lawyers we represent each client on a No Win No Fee basis. This means you don’t have to pay any fees or expenses until your claim is resolved, either by way of settlement or judgment. In most cases we can cap our professional fees and can offer our clients our “25% fee cap” agreement.

Many people assume “no win no fee” means there is no financial risk. In reality, the way legal fees, disbursements and fee structures are handled can have a significant impact on how much compensation you keep. The risk is that if you sign a bad agreement, you lose out on thousands of dollars (or tens of thousands of dollars) from your settlement which you could otherwise have saved.

What costs are involved in a personal injury claim?

There are two main types of costs in a claim:

1) Professional Fees

These are the fees your lawyer charges for the work they perform on your claim.

2) Disbursements

Disbursements are out-of-pocket expenses required to run your claim, such as:

• Medical reports (often several thousand dollars per report)
• Court filing fees
• Barrister fees
• Expert evidence

These costs can add up quickly and are often overlooked when people first sign a cost agreement.

What does “No Win No Fee” mean?

A no win no fee agreement means you generally do not pay your lawyer’s professional fees unless your claim is successful. (But some firms make you pay disbursements upfront – see further below).

If your case settles or you win, your legal fees are paid at the end of the claim—usually out of your compensation.

However, it is important to understand that “no win no fee” does not always mean “no cost” in every situation.

Do you have to pay anything upfront?

This depends on the law firm.

Some firms:

• Require you to pay disbursements upfront, or
• Ask you to take out a litigation loan

At our firm, we cover all disbursements and don’t ask you to pay anything upfront. Our structure allows you to maintain a claim without incurring upfront financial costs.

What percentage do no win no fee lawyers take in Queensland?

In Queensland, lawyers can’t just take a percentage of the settlement.  Lawyers can only bill for the work which they undertake. For example, lawyers may bill for every hour they work on your matter. In a no win no fee personal injury claim, the amount charged can’t be more than 50% of the settlement. However, this is still quite high.

Our 25% fee cap – keep more of your compensation

In Queensland, in practice most personal injury claims are resolved by settlement, for an all inclusive lump sum compensation. Our 25% fee cap means you don’t pay more than 25% of your settlement.

To summarise, in most personal injury matters, we offer:

• A 25% cap on legal fees
• No uplift fees
• No upfront costs

This means your legal fees are limited, helping you retain a larger share of your settlement.

Illustration

Say a claim goes on for 2-3 years and it’s eventually settled for $230,000. Let’s assume disbursements (out of pocket expenses) amount to $38,150. Have a look at how much you take home if fees are capped at 25%.

What happens if you sign an agreement with a different firm that may charge up to 50% in professional fees:

The difference in fee structure can significantly affect the compensation you keep:

When does the 25% fee cap not apply?

There are some cases where we don’t offer the benefit of a 25% cap:

• It’s not available in medical negligence claims.
• It doesn’t apply if you change lawyers.
• If your claim goes to trial, you win and the judge makes a costs order in your favour (i.e. the defendant has to pay your costs)

Hidden fees to watch out for: what is an uplift fee?

An uplift fee is an additional percentage added to your legal fees if your case is successful. In other words, some firms simply increase their final bill.

For example:

• Legal fees of $20,000
• +25% uplift = $25,000 total

Some firms apply this automatically under a no win no fee agreement. We do not charge uplift fees.

Are no win no fee agreements risk-free?

Not entirely. Depending on your case, there can still be risks. For example, if your claim goes to trial and is unsuccessful, then even though you may not have to pay your own lawyer’s fees, but the judge can order you to pay some of the defendant’s legal costs. This can be significant.  This is why it’s important to choose a firm which:

• gives you written legal advice which clearly explains the risks in your claim
• has a successful track record

At Denes Lawyers we provide multiple written advices throughout the life of your claim. Each of these advices explains in plain English the strengths and weaknesses of your case. We don’t sit on the fence – if we think there are problems, we tell you so that you can make an informed decision about your claim.

Free book offer: what to expect in your injury claim