Can you claim? Compensation lawyer answers for Wakeley

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.

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.

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.

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.

Mostly because people search using different words. A practice that works on NSW road injury claims may describe itself as compensation lawyers, personal injury lawyers, CTP lawyers or motor accident lawyers, sometimes all on the same website. The titles usually describe the work rather than a different qualification. When you're deciding who to speak with, ask how much of their work involves NSW motor accident claims; that tells you more than the label does.

It may. Loss of earnings is one of the main things compensation is meant to address. Statutory benefits can include weekly payments while the injury affects your capacity to earn, and a damages claim, where one is available, can include past and future lost earnings. How the job ended and what your doctor says about your capacity both matter, so keep your payslips and any letters about the job ending.