What happens if you lose a no win no fee?

Choosing a no win no fee lawyer can offer peace of mind when making a personal injury claim — but what happens if you don’t win? Do you walk away without paying anything? Are there any hidden costs? Let’s break it down and answer the real questions people ask when searching online about losing a no win no fee claim.

What does “No Win No Fee” really mean?

“No win no fee” is a legal agreement where your personal injury lawyer only gets paid if your claim is successful. If your claim is unsuccessful, you generally don’t pay legal fees for your own lawyer’s work.

In Australia, especially in Queensland, this type of arrangement is used often in:

• Motor vehicle accident claims

• Workers compensation and WorkCover claims

• Public liability claims

• Personal injury at the workplace

• Other compensation claims

But while the basic idea is simple, there are still some important things to understand if the case doesn’t go your way.

Do I have to pay anything if I lose?

In most cases, if you lose under a no win no fee arrangement, you don’t pay for your lawyer’s professional fees. However, there can be other costs, such as:

• Disbursements – these are out-of-pocket expenses like court filing fees, medical reports, expert assessments, etc.

• Adverse costs – if your case goes to court and you lose, the judge might order you to pay the other side’s legal costs.

That said, many no win no fee lawyers (like Trilby Misso Lawyers) offer protection against these risks, such as:

• “No win, no fee, no catch” style agreements

• Uplift fee waivers if a case is lost

• Options to insure against adverse costs

Always check the fine print. Every agreement is a little different, and some firms have additional terms built in.

What are disbursements, and will I have to cover them?

Disbursements are costs your lawyer pays to build your claim. These can include:

• Medical specialist reports

• Investigators or expert witnesses

• Barrister’s initial advice

• Court filing or tribunal fees

• Travel or accommodation for remote matters

Some law firms cover these costs up front and only recover them if the claim succeeds. Others may ask you to pay them back even if you lose. At Trilby Misso, we will not ask you to cover any costs, if the case doesn’t win, you pay absolutely nothing.

🔹 Always ask: “If my case is unsuccessful, do I owe any disbursements?”

Can I be ordered to pay the other side’s legal fees?

Yes — but it’s rare in most personal injury claims in Queensland. Here’s when it can happen:

• If your claim goes to trial and is dismissed

• If your claim is considered frivolous or without merit

• If you refuse a reasonable settlement offer, and the court decides against you

Most claims settle before court, and adverse cost orders are uncommon. Still, your lawyer should explain the risk to you during your initial consultation.

What types of claims are usually “no win no fee”?

If you’ve been:

• Injured at work and lodging a WorkCover claim

• Involved in a car or motorcycle accident

• Making a personal injury claim in Brisbane

• Seeking help from vehicle accident lawyers Brisbane wide

• Looking into a compensation claim for public liability

You’ve probably come across the term “no win no fee lawyer”. These agreements are standard for cases involving negligence or injury, where liability needs to be proven.

They’re especially helpful for clients who can’t afford to pay legal fees upfront, but still deserve access to justice.

Why would a no win no fee lawyer take a case that could lose?

No win no fee lawyers carefully assess the chances of success before agreeing to take on your case. They’ll look at:

• The strength of your evidence

• Whether negligence is clear

• Your medical assessments

• The estimated value of your claim

They’re putting their own time and resources on the line — so they typically only proceed if your case is solid. However, even strong cases can sometimes be lost due to unforeseen legal challenges, credibility issues, or lack of supporting evidence.

How can I reduce the risk of losing a no win no fee claim?

Here’s how you can give your case the best chance:

• Be honest and open – don’t hide facts from your lawyer

• Seek medical attention early – this supports your claim

• Follow legal advice – even when it’s inconvenient

• Stay off social media – don’t post about your injury or case

• Keep records – include dates, receipts, communication and symptoms

Choosing experienced personal injury lawyers Brisbane clients trust can also make a massive difference.

How do I know if I’m signing a fair no win no fee agreement?

Before you sign, check:

• ✅ Whether you’ll be liable for disbursements if the case is lost

• ✅ Whether any adverse cost insurance is included

• ✅ If there’s a cap on fees taken from a successful claim

• ✅ How updates will be communicated to you during the process

Also, ask whether they specialise in vehicle accident lawyers Brisbane, compensation lawyers Brisbane, or other areas relevant to your situation.

Frequently Asked Questions

What if I can’t afford to pay the other party’s legal fees?
In many cases, you may not have to — but if you’re ordered to pay, your lawyer may help you understand your options, including costs protection or payment plans.

Can a no win no fee case still cost me money?
Yes, potentially — especially if disbursements or adverse costs apply. Make sure you know what’s included in your agreement.

Is a no win no fee lawyer always the best option?
If you don’t have funds to pay legal fees upfront, then yes — it gives you access to legal help with limited financial risk.

Further Reading

• Queensland Courts – Legal Costs and Disbursements
  https://www.courts.qld.gov.au

• WorkCover Queensland – Understanding Your Rights
  https://www.worksafe.qld.gov.au

• Queensland Law Society – No Win No Fee Explained
  https://www.qls.com.au

Losing a no win no fee case doesn’t always mean you’re financially stuck — but it’s not always entirely “risk-free” either. While you’re unlikely to owe legal fees to your own lawyer, you might still need to deal with disbursements or even the other party’s costs, depending on how far the case progressed and the terms of your agreement. Understanding the details upfront, choosing the right lawyer, and keeping your communication clear can help protect you if things don’t go as planned. With the right guidance and a transparent no win no fee arrangement, you can focus on your recovery — not legal bills.