Can you claim? Compensation lawyer answers for Port Hacking

A lawyer can give you a view once they understand your injuries, your earnings and how your recovery is going, but an honest one won't put a figure on it at the start. What a claim may be worth depends on evidence that often takes months to become clear, such as whether the injury is more than a threshold injury. Be cautious about anyone who quotes a number before seeing your medical records.

Usually not. A TPD claim is generally made through the insurance attached to your superannuation, and a public liability claim usually follows an injury in a public place or on someone else's property, such as a fall. Both run under different rules from motor accident claims and are usually outside what we help with. If a vehicle was involved in your injury, or you're unsure, the claim check will tell you.

Not usually. Most motor accident claims in NSW are made to a CTP insurer, not through a court case against the other driver. Statutory benefits are claimed from the insurer directly, and even a damages claim generally starts as a claim to the insurer and is often resolved without going to court. Some claims do end up in formal proceedings, but that is generally the exception rather than the starting point.

Start with how the injury happened. If a motor vehicle was involved, and you were a driver, passenger, rider, cyclist or pedestrian, the claim generally runs through CTP, the scheme this site helps with. Injuries that happened some other way usually follow different rules, with different insurers and deadlines. If you're not sure where yours fits, tell us what happened. The claim check will say which scheme is likely to apply, and whether we can help.

It can be both. After a NSW motor accident, statutory benefits are generally paid as you go: weekly payments if you can't work, and treatment and care costs as they arise. A lump sum only comes from a common law damages claim, which is available in some cases but not all. Plenty of claims involve statutory benefits only. How much compensation explains what each part can include.

Complaints or claims about medical treatment follow their own path and are usually outside what we help with. The same generally goes for injuries that didn't involve a motor vehicle at all, such as a sports injury or a dog bite. It's still worth checking, though. Some injuries that don't sound like road accidents may count as a motor accident in CTP terms, and the claim check can sort that out.