Can you claim? Compensation lawyer answers for Boolaroo

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.

Your accident date matters more than most people expect. For accidents on or after 1 December 2017, the Motor Accident Injuries Act 2017 sets the rules, and further changes apply to accidents from 1 April 2023. If the crash was before that first date, the older Motor Accidents Compensation Act 1999 applies. That's one reason a general answer only goes so far, and why a claim check starts with the date.

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.

• Benefits being paid: payment and treatment questions usually go to your case manager first
• Thinking about damages: the damages guide below explains what a lump sum can include and when
• Not sure it's a CTP claim at all: the car accident claim page helps you work that out

You'll see the same kind of lawyer described as a compensation lawyer, a personal injury lawyer, a CTP lawyer or a motor accident lawyer. These are mostly descriptions of the work, not separate professions, and many lawyers who handle NSW motor accident claims use several at once. What matters more is experience with the scheme your claim falls under, so ask about that directly.

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.

A lawyer also can't change the scheme's rules. If your injury is a threshold injury, or you were mostly at fault, some forms of compensation may simply not be open to you, and an honest lawyer will say so. That's useful in itself. Knowing early what isn't available saves time and lets you put your energy into the parts of the claim that are.

• Explaining which benefits and damages your facts may support
• Checking insurer decisions against the rules for your accident date
• Advising whether an offer reflects your losses

If you're new to claims, the language can feel like a barrier. It needn't be. Most of the key terms describe simple ideas: what the insurer pays, how serious an injury is, and how to challenge a decision. These plain definitions are a starting point, not legal advice, and the rules behind them can change.

• Statutory benefits: weekly payments and treatment and care that most injured people can claim regardless of fault
• Threshold injury: the term that replaced 'minor injury' in 2023, generally covering soft tissue and some psychological injuries
• 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

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.