Considering a personal injury claim can be stressful, but getting the support of No Win, No Fee lawyers in Adelaide and Regional SA can lighten your burden. However, not all No Win, No Fee lawyers in Adelaide are the same.
If you’re looking for No Win, No Fee personal injury lawyers, you may be dealing with pain and suffering, lost income, loss of future earning capacity or income, medical expenses, past and future care costs, and more. Being aware of your rights is crucial for making the best choices for your potential claim.
At Johnston Withers Lawyers, we specialise in assisting clients with complex personal injury claims on a No Win, No Fee basis. When experience matters, we’re here to help you, too.
Our personal injury lawyers’ No Win, No Fee terms mean we defer our fees until your claim resolves, and if your claim doesn’t succeed, we won’t charge you any fees at all.
Before moving forward with legal action, it’s crucial to understand your rights and entitlements to compensation, and what should be your next step.
The law sets limitations on how long a claimant can wait before filing an action in court, so it’s critical to seek advice as soon as possible to avoid losing your legal rights.
Some personal injury claims arise out of challenging scenarios with competing facts. Finding a lawyer in South Australia willing to put in the time and effort to consider your case without upfront fees can make all the difference.
You can rely on our friendly assistance and advice that’s easy to follow. We pride ourselves on making sure you always have the latest information so you never feel out of the loop.
Simply put, No Win, No Fee terms lessen your financial stress. Plus, successfully securing a settlement means you get a positive outcome, even after fees.
Our No Win No Fee terms and conditions in personal injury cases offer applies to potential personal injury claims in South Australia (including but not limited to WorkCover, CTP motor vehicle accidents, asbestos-related diseases, product liability, medical malpractice and occupiers’ liability claims).
Our offer to conduct a case for you on a no-win-no-fee basis (pursuant to a conditional costs agreement) is subject to our approval in relation to the potential claim, this is based on the merits of a claim and the prospect of commercial success. For example, in South Australia an injured person in a motor vehicle accident claim has to establish the negligence of another driver for the claim to succeed. Likewise, there are statutory restrictions on the amount of compensation an injured person can claim and it may not be viable for them to be represented given the costs involved.
Johnston Withers can provide initial advice at no cost to assess whether it is viable to have representation and to make an offer to act on a no-win-no-fee basis.
Accordingly, if your case is accepted by us on a no-win-no-fee basis, it must satisfy the criteria/conditions that:
The assessment as to whether your case has reasonable prospects and/or sufficient damages rests solely with Johnston Withers Lawyers and is completely at our discretion.
The basic condition of the No Win, No Fee arrangement is that we will only charge you our legal professional costs if there is a successful outcome in your matter. The definition of a ‘successful outcome’ is a settlement or award of damages in your favour. A settlement of the matter is where the matter is settled by way of offer and acceptance for an amount prior to commencing a court action or a hearing. An award is when you take a matter to trial and obtain a judgement in your favour.
Sometimes an offer of settlement will be made to you that we believe should be accepted after full consideration of all of the relevant issues applying to your case. There can be adverse cost risks for a claimant if they proceed to a trial and are unsuccessful and this can create an unnecessary or disproportionate risk in rejecting an offer. In the unlikely circumstances where you choose not to follow our advice in relation to a recommended offer we reserve the right to seek an independent assessment of the offer from a suitably qualified and experienced South Australian barrister and the parties are obliged to follow this advice.
In certain circumstances, we can terminate our retainer, withdraw from acting on your behalf and refuse to continue with the case, this may be when we are made aware of evidence during the course of the matter which may change our opinion as to your prospects of success and/or our decision to continue with the matter on a no-win-no-fee basis.
If we cannot resolve your case by negotiations and you are unsuccessful at a court hearing, we will not charge you for your legal professional fees. As noted above, in certain circumstances, however, you may be liable for the costs and disbursements of the other side. Specifically, if you run a case and lose, you could have the other side's costs awarded against you and this could be a considerable sum of money. If you have assets in your name or work in a job where you are earning a wage, the other side can enforce a judgment against you and sell up your assets and/or garnish your wage to satisfy any judgment obtained. That is why it is critical to consider all offers to resolve your claim by settlement and only commence court action if your case has a more than reasonable prospect of success.
Given the cost, time and risk of court actions, we will always do what is best for you as the client, including discussing all of the relevant matters with you and seeking detailed instructions fully before making any decisions, this is especially so when deciding whether to go to trial.
I worked with Dominic on a very difficult and complicated work cover case, I found Dominic and his assistant Alicia so helpful and very reassuring, the correspondence was fantastic. This was a very traumatic situation for us as a family, and we felt so reassured with Dominic and Alicia on our side. Once again thank you, you’ve helped us rebuild our lives.
Thank you for taking the time to share with mum all the information she needed to take the necessary steps to accepting her legal rights. Your kindness, support and advice was extremely helpful to mum. She felt at peace in her last days thinking her financial situation was covered.
Having had Dominic Nasone acting for me for my work-cover claim over the last 18 months has been a very positive and rewarding experience. Dominic acting through Johnston Withers Lawyers Adelaide has been professional,reliable and his attention to detail ,follow up and intimate understanding of the nature of my case has been totally refreshing. His considerate manner and guidance through the time he has acted make him an exemplary representative and I would have absolutely no hesitation in recommending Dominic as a solicitor of the highest calibre to engage.
I would like to take this opportunity to reassert my gratitude for your considerable achievements on our behalf. I know that Dad would have been overwhelmed with the result.