Hurt on the road? A compensation lawyer guide for Marsden Park

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.

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.

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
• 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

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
• Advising whether an offer reflects your losses

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

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.

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.