Hurt on the road? A compensation lawyer guide for Strathfield South

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.

Your accident date matters more than most people expect. For accidents on or after 1 December 2017, the Motor Accident Injuries Act 2017 sets the rules, and further changes apply to accidents from 1 April 2023. If the crash was before that first date, the older Motor Accidents Compensation Act 1999 applies. That's one reason a general answer only goes so far, and why a claim check starts with the date.

Lawyers choose titles partly to match what people type into a search box, so one practice might call itself compensation lawyers on one page and CTP lawyers on another. For you, the difference is small. What you want to know is whether the person you speak with works on NSW motor accident claims regularly, and whether your claim needs them yet.

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.

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.

• Explaining which benefits and damages your facts may support
• Negotiating with the insurer over a damages claim
• Keeping track of the deadlines that apply to you

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
• 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

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.

• Statutory benefits: weekly payments and treatment and care that most injured people can claim regardless of fault
• Damages: a lump sum for losses such as past and future earnings, available only in some claims
• 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
• Personal Injury Commission: the independent tribunal that decides many disputes in the scheme

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.