Hurt on the road? A compensation lawyer guide for Asquith

Think of it as two layers. The first, statutory benefits, is open to most injured people whoever caused the crash, and covers things like weekly payments while you can't work and treatment that is reasonable and necessary. The second, common law damages, is a lump sum only some people can claim: another driver must have been at fault, you must not have been mostly at fault, and your injury must be more than a threshold injury.

Three things shape what you can claim: who was at fault, how serious your injury is, and when the accident happened. Fault mostly affects damages and how long some benefits last. Seriousness decides whether your injury is treated as a threshold injury. The date decides which version of the rules applies, because the law changed for accidents from 1 December 2017 and again from 1 April 2023.

Much of the confusion in a motor accident claim comes from vocabulary. A single letter can mention statutory benefits, a threshold injury and an internal review, each with a precise meaning. The short definitions below are general and simplified. If a word appears in a decision about your claim, it's worth checking exactly what it means for you.

• Statutory benefits: weekly payments and treatment and care that most injured people can claim regardless of fault
• Damages: a lump sum for losses such as past and future earnings, available only in some claims
• Internal review: asking the insurer to look again at a decision you disagree with
• Certificate of Fitness: the form your doctor completes to record your injuries and your capacity for work
• Personal Injury Commission: the independent tribunal that decides many disputes in the scheme

Lawyers choose titles partly to match what people type into a search box, so one practice might call itself compensation lawyers on one page and CTP lawyers on another. For you, the difference is small. What you want to know is whether the person you speak with works on NSW motor accident claims regularly, and whether your claim needs them yet.

It helps to think of the role as a set of tasks rather than a title. Explaining entitlements. Collecting evidence. Negotiating with the insurer. Running disputes. Advising on offers. Some claims need all five, some need one or two at a particular moment, and many need none. Knowing which tasks your claim needs makes the question of whether to call a lawyer much simpler.

What a lawyer can't do is create evidence that doesn't exist. Your treating doctor's notes, the Certificate of Fitness and records of what the injury stops you doing carry most of the weight. A lawyer's value lies in knowing which of those the insurer will look at, which are missing, and how the rules for your accident date treat them.

• Preparing a review or dispute when a decision looks wrong
• Negotiating with the insurer over a damages claim
• Arranging medical reports when the claim needs them

The help you need depends on where your claim is up to. Just after the crash, the priority is lodging and keeping records. While benefits are being paid, most questions are about payments and treatment. After a decision against you, the question becomes whether to challenge it. Later, a damages claim or an offer may be on the table. The pages linked below cover each stage in detail.

• Benefits being paid: payment and treatment questions usually go to your case manager first
• A decision against you: the claim denied page explains internal review and the Personal Injury Commission
• Someone died in the crash: the car accident compensation page covers what dependants may claim

Public liability and TPD claims come up often when people search for a compensation lawyer. Public liability usually covers injuries in a public place or on someone else's property, while TPD usually relates to insurance held through superannuation. Claims about medical treatment are separate again. None of them is usually something we help with. And if the only loss is to your car, CTP doesn't pay for it at all. For anything that began with a vehicle, start with the claim check.