Looking for a compensation lawyer near Hamilton?

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.

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.

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.

• Just after the crash: the CTP claims pages cover lodging and the early deadlines
• 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

A compensation lawyer's job is to turn what happened to you into a claim the scheme can pay. In a motor accident claim, that usually means explaining what you're entitled to, gathering the medical and financial evidence, dealing with the insurer, challenging decisions that look wrong and advising you on any offer. Knowing that list helps you judge whether your claim needs any of it right now.

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
• Negotiating with the insurer over a damages claim
• Arranging medical reports when the claim needs them

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
• Case manager: the person at the insurer who handles your claim day to day
• 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

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.

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.