Compensation lawyer Oran Park: start with the right claim

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.

'Compensation lawyer' is the broadest of the labels, and 'personal injury lawyer' is close behind. 'CTP lawyer' and 'motor accident lawyer' narrow the field to road injuries under the green slip scheme. In practice, one lawyer may use all four. The useful question isn't which title they use but how much of their work is NSW motor accident claims, because the scheme has its own forms, steps and deadlines.

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
• Requesting hospital, GP and treatment records
• Negotiating with the insurer over a damages claim

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.

• 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
• 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

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.

• 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
• Someone died in the crash: the car accident compensation page covers what dependants may claim

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.