Compensation lawyer Erskineville: start with the right claim

Compensation after a NSW motor accident generally runs through CTP, the compulsory green slip scheme. It has two parts. Most people can claim statutory benefits, meaning weekly payments and treatment and care, regardless of who was at fault. Some can also claim common law damages, a lump sum, if another driver was at fault, they weren't mostly at fault and the injury is 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.

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.

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.

• Just after the crash: the CTP claims pages cover lodging and the early deadlines
• An offer has arrived: the car accident compensation page covers offers, so read it before signing anything final
• Not sure it's a CTP claim at all: the car accident claim page helps you work that out

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.

• Whole person impairment (WPI): a percentage rating of how much an injury affects you overall, assessed under set guidelines
• 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

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.

• Requesting hospital, GP and treatment records
• Advising whether an offer reflects your losses
• Keeping track of the deadlines that apply to you

Not every compensation search is about a road injury. People also look for help with TPD claims through their super, public liability claims after a fall in a public place, or complaints about medical treatment. Those follow their own rules, and they usually fall outside what we help with. Vehicle damage is never a CTP claim either, because the green slip covers injuries only. If you're not sure which you have, the claim check will say so plainly.