No Win No Fee

We run all compensation claims on a No Win No Fee basis – so you won’t pay anything until your claim is won.

Because we won’t get paid until you do, you can be sure we make the process as fast as possible. However, under no circumstances will we ever recommend that you accept an offer for less than what your case is worth.

Capped legal fees for all No Win No Fee personal injury claims

The “50/50 Rule”

To make it affordable for you to make a claim, most personal injury law firms run claims on No Win No Fee basis. This is known as a conditional costs agreement.

However, it is a myth that a lawyer can end up charging you more than you receive in compensation, or that lawyers charge large percentages. In Queensland, it is actually illegal for firms to charge fixed percentages on your claim – so with most No Win No Fee arrangements, the lawyers professional fees are calculated and charged by the time spent on your case (and charged by the hour).

By law, professional fees charged by No Win No Fee lawyers cannot exceed 50% of your personal injury settlement or court award. This maximum charge is known as the ’50/50 rule’ and it applies regardless of the amount of hours that are spent on your claim. This gives you a ‘worst case scenario’ style cost protection.

Our “60/40 Rule”

At ROCHE Legal, we believe you deserve more than just half of your settlement even in the worst case scenario. We strive to run your claim as cost effectively as possible and only ever charge by the hour – but we set our cost cap at a maximum of 40% rather than the legislated maximum of 50% under the 50/50 rule.

So with us, you are guaranteed to collect an absolute minimum of 60% of your settlement – no matter what.

This is why we say our offer is better than the standard no win no fee cost protections.

No Win No Fee Comparison

Other Law Firms

(based on the standard 50/50 rule)

  • Your Compensation (Minimum): 50%
  • Their Legal Fee (Maximum): 50%

ROCHE Legal

(based on our 60/40 fee cap)

  • Your Compensation (Minimum): 60%
  • Our Legal Fee (Maximum): 40%

Disbursements

In most personal injury cases, your claim for damages must be substantiated by medical evidence. The best evidence is obtained by attending on a doctor for an independent medical examination. Sometimes more than one examination is required and can cost from $3,000 – $5,000 per report. Similar costs can be spent on other expert reports to prove liability. Further, a barrister may be employed to argue your case in court. It is not uncommon for a personal injury claim to have disbursements totalling $10,000 – $20,000.

At ROCHE Legal, our standard No Win No Fee agreement covers these expenses and if you lose your case, we will not seek to recover these costs from you.

Refunds

Almost every personal injury claim requires that any money that has already been paid to you because of your injuries is refunded at the conclusion of your claim when you win. The most common refunds are sums payable to Medicare, Centrelink, Workcover and private health insurers. Do not fear – we take refunds into account by including such amounts in our calculations of what the at-fault party owes to you.

A worked example

In a ‘worst case scenario’, if your claim didn’t go to court and settled for $100,000, but your lawyers fees calculated by the hour totalled $60,000, then your lawyer’s fees would be discounted under the 50/50 Rule and charged as follows:

Calculation – Ordinary 50/50 Rule

50% of ($100,000 less (statutory refunds to Medicare/Centrelink of say $15,000 in total, plus, disbursements of say $5,000 for an expert medical report) which is:

50% of ($100,000 – $20,000) and equates to 50% of $80,000 = $40,000 maximum charge.


Calculation – ROCHE Legal’s 60/40 Rule

40% of ($100,000 less (statutory refunds to Medicare/Centrelink of say $15,000 in total, plus, disbursements of say $5,000 for an expert medical report) which is:

40% of ($100,000 – $20,000) and equates to 40% of $80,000 = $32,000 maximum charge.


So the total legal fees that your ordinary lawyer could charge, by law, is $40,000 despite their legal fees being calculated at $60,000 on an hourly basis.

But at ROCHE Legal, the most we could charge in the exact same scenario is $32,000 because of our 60/40 rule.

This is an $8,000 saving to you. Plus, our legal fees rarely ever reach as high as 40%.

The maximum you will pay under the ROCHE Legal 60/40 Guarantee

No Win No Fee Claims

At Roche Legal, we offer no win no fee representation for the following type of legal claims:

  • Workplace Accidents
  • Public Place Accidents
  • Motor Vehicle Accidents
  • TPD Claims for Serious Injuries
  • Professional Negligence Claims
  • Estate Litigation Claims

Contact us today for a free compensation claim check.

Contact us for a free quote

Our lawyers can provide you with an estimate of the legal costs which would only be charged if you win your claim.