Compensation lawyer Lake George: start with the right claim

In NSW, the answer to 'can I get compensation?' after a road injury is often yes, in some form. Statutory benefits, such as weekly payments and treatment and care, are available to most people regardless of fault. Common law damages are narrower. They need another driver at fault, you not mostly at fault, and an injury that is more than a threshold injury. The claim check tells you which of the two are likely to apply.

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.

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.

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
• Keeping track of the deadlines that apply to you

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
• 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
• Personal Injury Commission: the independent tribunal that decides many disputes in the scheme

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.

• Thinking about damages: the damages guide below explains what a lump sum can include and when
• 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

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.