---
title: "Explain what the client pays if a personal injury claim does not succeed"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/explain-what-the-client-pays-if-a-personal-injury-claim-does-not-succeed"
type: "task"
site: "AI Law Framework"
id: "A42-CS20261023-12"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Explain what the client pays if a personal injury claim does not succeed

> From the costs agreement the lawyer has settled, draft a short letter stating whether professional fees and any uplift are payable, whether disbursements remain payable, and that the other side's costs may be payable.…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/explain-what-the-client-pays-if-a-personal-injury-claim-does-not-succeed  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the costs agreement the lawyer has settled, draft a short letter stating whether professional fees and any uplift are payable, whether disbursements remain payable, and that the other side's costs may be payable. Do not send the letter. |
| What the lawyer must review | The lawyer settles the letter, including what remains payable if the claim fails. Follow the successful-outcome clause for professional fees and any uplift. State whether disbursements, funding charges and the other side's costs may still be payable. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Costs if the claim fails**

The tool drafts the letter from the settled agreement. The lawyer checks every amount that may still be payable.

- What the AI does: From the costs agreement the lawyer has settled, draft a short letter stating whether professional fees and any uplift are payable, whether disbursements remain payable, and that the other side's costs may be payable. Do not send the letter.
- What the lawyer does: The lawyer settles the letter, including what remains payable if the claim fails. Professional fees and uplift follow the successful-outcome clause in the agreement. State whether disbursements, funding charges and the other side's costs may still be payable. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. The letter uses the successful-outcome clause in the signed agreement, not a generic no win, no fee slogan.
2. Disbursements are described as still payable only where the agreement so provides.
3. The 60 to 75 per cent description is not used as the client's exposure if the claim fails.
4. Section 347 is not applied where there is no entitlement under a judgment or settlement.
5. Section 8.10(5) is not described as protecting the client on a common law damages claim.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Victorian Legal Services Board and Commissioner, 'no win – no fee' cost agreements](https://lsbc.vic.gov.au/consumers/legal-costs-and-billing/no-win-no-fee-cost-agreements) (checked 2026-10-23)
- [Legal Profession Uniform Law (NSW) s 181, conditional costs agreements](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s181.html) (checked 2026-10-23)
- [Legal Profession Uniform Law (NSW) s 182, uplift fees](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s182.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 323, conditional costs agreements](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s323.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 324, uplift fees](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s324.html) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 347, speculative personal injury claims](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s347.html) (checked 2026-10-23)
- [Legal Services Commission (Qld), costs disclosure and costs agreements](https://www.lsc.qld.gov.au/for-the-profession/policies-and-guidelines/costs-disclosure-and-costs-agreements) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 8.10, costs of statutory benefits claims](https://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/maia2017245/s8.10.html) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rr 9 and 36, current from 1 July 2026](https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2015-0244) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/explain-what-the-client-pays-if-a-personal-injury-claim-does-not-succeed/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/explain-what-the-client-pays-if-a-personal-injury-claim-does-not-succeed/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/explain-what-the-client-pays-if-a-personal-injury-claim-does-not-succeed/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*