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What is no Win no Fee in Australia?



What is no Win no Fee in Australia?

No win no fee is a guarantee that is given by your lawyer that no costs or fees will be charged to you if the claim was unsuccessful. As personal injuries can lead to catastrophic results such as permanent impairment and decreased capacity to earn, these experts are offering their services on no win no fee basis to avoid any further financial difficulties. However, it does not mean that your case has no hope. No win no fee guaranteed lawyers are confident on their expertise and determined personas. For this reason, an individual working with a no win no fee lawyer can feel secure as the case is being handled by a professional. Further information can be found here.

In what Claims no Win no Fee Lawyers are Practising?

In Australia, no win no fee lawyers can practise in personal injury claims, which are known for being challenging processes. These can be motor vehicle accident claims, slip, trip and fall claims, public liability claims, medical malpractice claims and worker injuries claims.

Personal Injury law should be studied and understood perfectly before lodging a complaint. The victim should ensure that the requirements and the criteria are met before making a claim. To cover your economic and non-economic loss, one should be aware of his/her entitlements. Under the Personal Injury Law, the entitlements, threshold degrees, determination of liability and obvious risk factors varies between claims.

Who is Liable for my Injuries?

As an example, ‘’Lewis is an equestrian who adores riding horses. As Lewis is familiar with the activity, he knows the potential risks that are involved in the activity naturally. Lewis can break a bone by falling, can take damage on his spinal as horses are wild animals that can kick the equestrian, or even worse, Lewis can get hit to his head by the horse for no reason’’. Horses are wild animals that can still attack, charge or simply bite and run away even if they are not provoked. The term wild is critically important here as one who approach to these animals should be aware of the natural risks. This is defined as the inherent risk factor.

Recreational activities such as horseback riding, karting, canoeing, surfing, rock climbing and kayaking involve the risk as part of the activity. Personal injury claims are based on negligent actions or omissions of the others. If you are injured due to a natural cause or risk factor, the business or the service provider is not liable as these risks cannot be prevented.

However, if the accident occurred from lack of attention, the victim can claim compensation. As an example, ‘’Marcus stopped by a famous coffeehouse to grab himself a coffee and a sandwich. However, he had no chance to see the expiration date of the contents both in the coffee and in the sandwich. If the business is making a profit out of consumer goods, their duties are not only maximising sales but more importantly, it is the safety of their consumers. Contaminated food and milk are notorious for being progressive and acute illnesses and can cause permanent harm. Marcus is poisoned by the lettuce, therefore, he was hospitalised. As a result of a long treatment process, he lost a proportion of his income and struggling financially.’’

As seen in this example, the risk factor –which is, in this case, is the contaminated vegetables- is obvious for the business to notify. However, their lack of attention to their own products caused economic and non-economic harm to their customer/consumer. As the consumer cannot manage the process to evaluate the risk, the business is liable for his/her health condition.

However, the businesses’ responsibilities are not only for their products. Hazardous objects and risk factors should be avoided at all costs. If a customer is suffering a major concussion due to a slip and fall injury inside the restaurant, the business is liable for his/her injuries. Even if it is a coffeehouse, the interior should be isolated from any risk.

The no-Fault Scheme in Australia

Unlike the public liability claims which are demonstrated with the Lewis and Marcus examples, negligence is not looked for in worker injuries in Australia. Additionally, with the recent adjustments, motor vehicle accidents are also partially based on the no-fault scheme.

In workplace accidents, worker’s negligence is not an obstacle to make a claim. However, his/her contribution to the injuries will decrease the total amount of compensation that may be awarded. This applies to all personal injury claims.

‘’Contributory negligence is lack of taking personal care to avoid the severity of the harm, in case of an accident’’.

In motor vehicle accidents, liability is referred to as the degree of fault. Speeding and driving above the speed limits, aggressive driving (drifting, power sliding, joyriding), ignoring traffic lights and the signs are causes of negligence-based accidents. However, the no-fault scheme applies here. Those who are not being accused of serious driving offences, can still receive income replacements and medical expenditure assistance for a limited time. However, these benefits will be limited and won’t be as much as the unfaulty party’s benefits.

Workers Compensation and the Entitlements of the Workers Suffering Work-Related Injuries

The workers compensation scheme is designed by the Australian government to assist workers suffering work-related injuries regardless of the place the accident arose. Additionally, work injury damages claim can be lodged by the workers if the employer’s negligence is the major contributor to the outcome. Laws clearly state that the workplaces should suit the workplace safety regulations and standards. These regulations include distribution of the protective workplace equipment to the workers, scheduling the work programs of the workers without exceeding the workload limits and eliminating the hazardous elements in the workplace.

Fortunately, in Australia, workers have privileges of hiring a lawyer without any costs. Workers Compensation Independent Review Office is covering the legal costs and lawyer fees of the injured workers in case a claim is made. These WIRO approved lawyers can be contacted for a free case evaluation anytime in Parramatta, Sydney and throughout NSW.