Can you claim? Compensation lawyer answers for Banksia

When people ask whether they can get compensation after a crash, they usually mean one of two things. Statutory benefits are payments made while your claim runs, and most people qualify regardless of fault. Damages are a separate lump sum for losses such as past and future earnings, available when another driver was to blame, you weren't mostly at fault and your injury is past the threshold. Plenty of claims only ever involve the first.

Compensation is not a single cheque. What's available to you depends on the facts: whether someone else caused the crash, whether the insurer accepts that your injury goes beyond the threshold, and how your recovery tracks over time. Those facts can change as the claim goes on, which is why an early answer is a starting point rather than a final word.

Insurer letters and claim forms use words that mean something specific in the NSW scheme. You don't need to learn them all, but knowing a handful makes letters easier to follow and helps you ask better questions. Here are some of the most common, in plain English. Most have their own page on this site if you want the detail.

• 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
• Nominal Defendant: the fund that stands in when the vehicle was unidentified or uninsured
• Personal Injury Commission: the independent tribunal that decides many disputes in the scheme

People searching for a compensation lawyer are at very different points. Some were hurt recently and haven't lodged anything. Some have been receiving weekly payments for months. Some have a refusal letter in front of them, and some are weighing an offer. Each of those is a different question with a different answer, so start by placing yourself on the list below.

• A decision against you: the claim denied page explains internal review and the Personal Injury Commission
• An offer has arrived: the car accident compensation page covers offers, so read it before signing anything final
• Someone died in the crash: the car accident compensation page covers what dependants may claim

Most of a compensation lawyer's work is unglamorous. They read insurer letters closely, check them against the rules, request records from hospitals and treating practitioners, and put the evidence together in the order the scheme expects. When a decision goes against you, they can run the review or dispute. When an offer arrives, they weigh it against your losses. No lawyer can promise a particular result.

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.

• Explaining which benefits and damages your facts may support
• Requesting hospital, GP and treatment records
• Keeping track of the deadlines that apply to you

Road injury claims in NSW sit inside a scheme with its own language: statutory benefits, threshold injury, whole person impairment, the Personal Injury Commission. A lawyer who uses those words every day, whatever they call themselves, can tell you quickly where your claim stands. That familiarity counts for more than whichever title appears on their website.

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.