Can you claim? Compensation lawyer answers for Grays Point

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.

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.

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.

• Whole person impairment (WPI): a percentage rating of how much an injury affects you overall, assessed under set guidelines
• Case manager: the person at the insurer who handles your claim day to day
• Internal review: asking the insurer to look again at a decision you disagree with
• 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

A claim rarely needs the same thing twice. Early on, the job is getting the claim in and the evidence started. In the middle, it's keeping benefits and treatment on track. At a decision you disagree with, it's the review. Near the end, it may be damages or an offer. Work out which stage you're at, then read the page that deals with that stage.

• 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

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.

• Preparing a review or dispute when a decision looks wrong
• Negotiating with the insurer over a damages claim
• Advising whether an offer reflects your losses

Some injuries lead to claims outside the motor accident scheme. A fall in a shopping centre or on a public footpath is usually a public liability claim. A total and permanent disability (TPD) claim is usually made through the insurance attached to your super. Complaints about medical treatment follow their own path. All three are usually outside what we help with. Damage to your car is different again: CTP pays for injuries, not vehicles, as the car accident claim page explains.