Can you claim? Compensation lawyer answers for Merrill

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.

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.

• Statutory benefits: weekly payments and treatment and care that most injured people can claim regardless of fault
• Threshold injury: the term that replaced 'minor injury' in 2023, generally covering soft tissue and some psychological injuries
• 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

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.

• 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

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.

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.

• Requesting hospital, GP and treatment records
• Advising whether an offer reflects your losses
• Arranging medical reports when the claim needs them

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.