Compensation lawyer Lewisham: start with the right claim

When people ask whether they can get compensation after a crash, they usually mean one of two things. Statutory benefits are payments made while your claim runs, and most people qualify regardless of fault. Damages are a separate lump sum for losses such as past and future earnings, available when another driver was to blame, you weren't mostly at fault and your injury is past the threshold. Plenty of claims only ever involve the first.

Three things shape what you can claim: who was at fault, how serious your injury is, and when the accident happened. Fault mostly affects damages and how long some benefits last. Seriousness decides whether your injury is treated as a threshold injury. The date decides which version of the rules applies, because the law changed for accidents from 1 December 2017 and again from 1 April 2023.

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.

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.

• Damages: a lump sum for losses such as past and future earnings, available only in some claims
• Threshold injury: the term that replaced 'minor injury' in 2023, generally covering soft tissue and some psychological injuries
• 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
• 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.

• Just after the crash: the CTP claims pages cover lodging and the early deadlines
• A decision against you: the claim denied page explains internal review and the Personal Injury Commission
• Thinking about damages: the damages guide below explains what a lump sum can include and when

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.

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.

• Checking insurer decisions against the rules for your accident date
• Preparing a review or dispute when a decision looks wrong
• Keeping track of the deadlines that apply to you

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.