OUR COSTS PROMISE
NO WIN, NO FEE
This arrangement means all costs will come from the final settlement of your case. If there is no financial settlement of compensation in your favour, then no fees will be charged. We are often able to agree to these terms in relation to Motor Vehicle Claims, Workplace Claims, Industrial and Employment Claims, as well as in Human Rights and Discrimination matters.
At Schofield King Lawyers, it is important to us that you understand how costs can affect your claim. In many cases the insurer or the other side will be responsible for paying some or all of the cost incurred in the process of your claim. We do provide a No Win, No Fee arrangement in many circumstances; however please note that we do not do this in every case. We will happily advise you of the fee structure regarding your claim and provide you with a Costs Agreement for your peace of mind.
COSTS PAID BY OTHER SIDE
Generally the law dictates that the unsuccessful party must pay the successful party’s legal costs in litigation. This means that if your matter runs in court and you win, then the other side must pay most of your costs. Conversely, if you lose you must pay the other side’s costs.
When a matter is settled out of court, then the settlement figure will include the compensation value and an amount to cover the costs that are incurred by the side making payment. Usually this figure will be somewhere between 50% and 75% of the final costs that you will pay, with the remainder coming directly out of your compensation settlement.
Sometimes we will need to spend money on your case to help make sure you maximise your compensation. These payments are called disbursements, and include costs of medical reports and expert reports that are necessary to make or enhance your claim. Disbursements will be charged on top of any fees.
Some areas of law are non-cost jurisdictions which means costs are not paid by the unsuccessful party. This means that all costs must come directly out of any settlement.
In these cases we will advise you of the approximate value of any costs that will come out, so that you are always aware of how much will be left in your hand after costs come out.
In these jurisdictions (e.g. The Fair Work Commission, Anti-Discrimination Board), you will not receive any amount from the other side for costs. While this means that you will need to bear your own costs even when successful, the advantage of this is that if you instead lose your claim, then you do not have to pay the other side’s costs.
In some matters we will need to bill you directly for work done. This is generally the situation in criminal matters, some commercial litigation and debt recovery matters, as upfront fees enable us to provide our services to you. Such fees are placed in trust for the payment of ongoing costs. We will always provide you with an invoice of our costs, and are happy to explain to you in detail why those costs were incurred.
We will always keep you advised of the costs and disbursements that will be coming out of any settlement before you settle the matter. This way, you know how much you are paying in costs and how much you will receive in your hand for the settlement of your claim.