Posted on February 20, 2026
Summary: “No win, no fee” is everywhere in personal injury law. Most firms in Adelaide offer it. But the name can be misleading if you don’t read the fine print. This article breaks down how these arrangements work in South Australia, what costs might still apply, and the questions you should ask before signing anything.
When you’re off work with an injury, money gets tight quickly. Medical bills, lost income, everyday expenses. The last thing most people can afford is a lawyer on top of all that. No win, no fee exists to solve that problem. It means you can get legal help without having to pay anything upfront.
That said, most firms advertising this arrangement have asterisks attached. There’s always fine print. So before you sign anything, it pays to understand what you’re actually agreeing to.
How No Win, No Fee Works
The basic principle is straightforward. If your lawyer doesn’t win your case, you don’t have to pay their professional fees. That’s the agreement you enter into when you sign a conditional costs agreement with a personal injury firm.
In South Australia, this arrangement is used across most personal injury work. That includes car accident claims, WorkCover and return to work disputes, public liability (like slips and falls), and medical negligence
The whole idea is that being short on money shouldn’t stop you from getting compensation when someone else caused your injury.
What You Still Might Have to Pay
No win, no fee does not mean zero costs under all circumstances. There are a few things that sit outside the “no fee” part of the arrangement.
Disbursements. These are expenses your lawyer pays on your behalf while building your case. Think medical reports, court filing fees, expert witness fees, and similar costs. Some law firms cover these upfront and only recover them from your settlement if you win. Others will ask you to pay them as you go, or if the case is unsuccessful. This is one of the most important things to clarify before you sign.
What counts as a “win”. Here’s something people don’t always realise. In most agreements, you “win” the moment you receive any compensation at all. A $5,000 settlement counts the same as a $500,000 one. So if your matter settles for less than expected, you could still end up owing fees. A good lawyer will tell you upfront what your claim is likely to be worth, so there are no surprises.
Uplift fees. This one surprises people. SA lawyers are allowed to add up to 25% on top of their normal fees when they’re acting on a no win, no fee basis. The logic is that they’re taking a risk by potentially working for nothing if your case fails. Some firms charge this, some don’t. Worth asking about before you commit.
Adverse costs if you lose at trial. Most personal injury claims never see the inside of a courtroom. They settle through negotiation. But if your case does go to trial and you lose, a judge can order you to pay part of the other side’s legal costs. It doesn’t happen often, but it’s a possibility your lawyer should walk you through early on.
Questions to Ask Before You Sign
Any personal injury lawyer in Adelaide should be able to answer these without hesitation. If they can’t, or they’re vague about the details, that’s a red flag.
- If my case is unsuccessful, will I still owe money for disbursements?
- Do you charge an uplift fee? If so, how much?
- What happens if the matter goes to court and I lose?
- How are your fees calculated if I win?
- Will all of this be set out in a written costs agreement?
A reputable firm will have no problem answering these questions directly and putting everything in writing.
Why We Only Take Cases We Believe In
No win, no fee only works when the lawyer is selective about the cases they agree to take on. If a firm accepts your matter under this arrangement, it usually means they’ve reviewed your circumstances and believe there’s a real prospect of success.
At PMN Lawyers, we’ve spent over 40 years as trusted personal injury lawyers in Adelaide. Our team has handled hundreds of workplace injury claims, medical negligence cases, motor vehicle accident matters, and public liability disputes. We only offer no win, no fee when we’re confident we can achieve a positive outcome.
Your first consultation with us is free and comes with no obligation. If we don’t think you have a strong enough case, we’ll tell you. You won’t pay anything for that advice.
Get in Touch
Not sure where you stand? Give our team a call or fill out an enquiry form to book a free consultation. We’ll go through your situation, explain the no win, no fee process, and give you a straight answer about whether you have a claim worth pursuing.
No Win, No Fee FAQs
Does no win, no fee mean I won’t pay anything at all?
It depends on your agreement. You won’t owe professional fees if you lose, but disbursements are a different story. Some firms absorb these costs, others don’t. And if you win, your legal fees come out of the settlement, so you’ll never have to pay out of pocket.
What types of claims qualify for no win, no fee?
Personal injury claims, mostly. So that covers car accidents, workplace injuries, slips and falls, and medical negligence. You won’t find this arrangement offered for criminal defence or family law matters.
Can I switch lawyers during my case?
You can. Just be aware that the first lawyer might still be owed fees for the work they did before you left. Have a look at your costs agreement and check if there’s a cooling-off period that applies.
Is it possible to end up with less compensation than what I owe in legal fees?
Technically, yes. This is exactly why you want a lawyer who’s upfront about your claim’s prospects. We won’t agree to act for you unless we think the end result is going to be worth your while.
How long will my claim take?
Hard to say without knowing the details. Straightforward matters might settle in a few months. But if there’s a dispute about who was at fault, or your injuries are serious and still being treated, expect it to take longer. Some cases run for a year or two, especially if they end up in court.