Blue Mountains · Working with a compensation solicitor

Blaxland East: the first weeks with a compensation solicitor

Meetings by phone or video, documents by email, and plain answers about the paperwork you'll sign.

Deciding to engage a solicitor is one step. Knowing what happens next is another. For people in Blaxland East, the start usually looks like this: a short first call, a meeting by phone or video, a written costs disclosure and costs agreement to read, then a few weeks of the solicitor gathering records and setting out a plan. This page walks through each part so there are fewer surprises along the way.

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What engaging a solicitor means

Most people engage a solicitor in a few stages rather than all at once. There's the first contact, often a phone call. There's a first meeting, by phone, video or in person, where the solicitor hears what happened and reads your documents. Then come the costs documents to read and sign. Once that's done, the solicitor starts requesting records and contacting the insurer on your behalf.

Some people engage a solicitor after months of handling the claim themselves. Others do it in the first weeks after a serious crash. Either way, the start is similar. Before the first contact, jot down the key dates, what the insurer has decided and what you're hoping the solicitor can help with. It makes the conversation shorter and more useful for both of you.

Your first conversation with a solicitor

The first meeting has two jobs. One is for the solicitor to understand your claim well enough to say whether they can help. The other is for you to understand how they'd work and what it would cost. Good first meetings cover both. If you leave unsure about either, it's reasonable to send a follow-up question before you agree to anything.

Try not to leave the first meeting unsure about the next step. Ask what the solicitor will do first, what they need from you, and roughly when you'll hear from them. If they give you a costs disclosure or a costs agreement, you don't need to sign it there and then. Read it later, somewhere quiet, and ask about anything that's unclear.

  • Confirms the accident date and which rules apply
  • Notes which records are missing
  • Explains how their costs are worked out
  • Tells you what they need from you next

Dealing with the insurer once you've engaged someone

A common worry is that engaging a solicitor will upset the insurer. It generally shouldn't. Insurers deal with solicitors all the time, and in many claims correspondence simply starts going to the solicitor instead of to you. Decisions are still made under the scheme rules. What changes is that someone familiar with those rules reads each letter before you act on it.

Engaging a solicitor doesn't mean you can't answer your phone. If your case manager calls about payments or treatment, you can generally talk it through as usual. Where a conversation turns to fault, settlement or anything that needs your signature, it's reasonable to say you'd like your solicitor involved and to ask for the request in writing.

Read next:Dealing with your insurer and case manager

How distance plays out for people in Blaxland East

Records from Blue Mountains District ANZAC Memorial Hospital, Springwood Hospital or Nepean Hospital are often requested early. Signing the release forms saves you collecting them in person. The drive to Penrith, about 8 km away, isn't part of engaging a solicitor. First meetings commonly happen by phone or video, and the costs documents can be sent online for you to read in your own time. Council boundaries such as Blue Mountains City Council don't limit who you can engage. A solicitor anywhere in the state can take on a NSW motor accident claim for someone in Blaxland East, and meet you without either of you travelling.

Region
Blue Mountains
Postcode
2774
Distance to Penrith
~8 km
Local government area
Blue Mountains City Council

What to bring to a first meeting

A little preparation makes the first meeting more useful. Most of these are things you already hold. If something's missing, don't put off the meeting; the solicitor can usually request records once you've engaged them.

  • Payslips, tax returns or other records of what you earned before the accident
  • A written list of your questions about costs
  • Every letter and decision from the insurer, with the dates you received them
  • The police event number, if the crash was reported
  • Names and contact details of any witnesses
  • Your most recent Certificate of Fitness
  • Photos of the scene, the vehicles or your injuries

General information, not legal advice. Each solicitor may ask for different documents, and time limits apply.

Do you need a solicitor yet?

Engaging a solicitor makes most sense when something in your claim needs acting on. If the claim is simply running, you may not need anyone yet. These lists are a guide, and a free claim check can help with your own facts.

Often worth talking to a lawyer

  • A decision letter has arrived and the time to challenge it is already running
  • The accident was a while ago and you're not sure which deadlines have passed
  • You'd rather someone else dealt with the paperwork while you focus on treatment
  • An offer has been made and you want someone to read it before you respond

You may not need one

  • Your only question is about a form or a date
  • You've recovered and don't expect ongoing effects
  • You'd like general information before speaking to anyone

Before a first meeting, check that your Certificate of Fitness is current. If you need a doctor who understands CTP claims, or allied health support, we can suggest doctors and allied health as well.

Not quite your situation?

  • If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. We can point you to the right help. Free claim check
  • If you're still deciding whether you need legal help at all, or which kind, the compensation lawyer page is a better place to start. Compensation lawyer in Blaxland East
  • If your question is how a no win, no fee arrangement works and what might still be payable, the no win, no fee page explains it. No win no fee lawyer in Blaxland East
  • If your questions are about checking a solicitor's credentials, how solicitors are regulated or changing solicitors, the personal injury solicitor page covers them. Personal injury solicitor in Blaxland East
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When the first meeting happens remotely

A video meeting covers the same ground as one across a desk. The solicitor can see your documents if you hold them up or share your screen, and you can see them as you talk. If video is hard for you, a phone call works too. Many people find it easier to concentrate in familiar surroundings, especially while they're still recovering.

If you'd prefer to meet in person, ask. Some solicitors can arrange it, although it may mean travelling. For most people, though, a phone or video meeting followed by documents sent electronically is simpler. Keep copies of everything you sign and send, in one folder or email thread, so you can find them again quickly.

The costs disclosure and costs agreement

Think of the costs disclosure as the explanation and the costs agreement as the binding part. The disclosure is usually given first, in writing, and tells you how fees and other expenses are calculated and what the whole matter might cost. It exists so you can make an informed choice. Keep a copy with your other claim papers, because you may want to refer back to it later.

Once you're comfortable with the disclosure, you'll usually be asked to sign a costs agreement. This is the contract between you and the solicitor about costs. There's no need to sign it on the day you receive it. Read it in your own time, ask someone you trust to look over it, and write down your questions. A solicitor should be willing to explain any clause in plain English.

Ask for it in writing

If a solicitor answers a costs question by phone, ask them to confirm it by email. A written answer is easier to check later, and it becomes part of your records.

Read next:No win, no fee explained

After you sign: the early weeks

Early on, a solicitor builds the file. That usually means requesting medical and hospital records, getting copies of what the insurer holds and has decided, and checking which deadlines apply to your claim. If a decision was made recently, they'll look at whether a review needs to be sought quickly. You'll usually be asked to sign a few authorities to make those requests possible.

Your part in these weeks is simple but important. Keep going to treatment, keep your Certificate of Fitness current, and pass on any letter from the insurer as soon as it arrives. Tell your solicitor about changes, such as a new diagnosis or a change in what you can do. Small updates help them keep the file accurate from the start.

  • A request to the insurer for copies of its file
  • A check of every deadline that applies
  • A look at any recent decision you may want reviewed
  • Questions about your earnings before the accident

Read next:Gathering medical evidence for your claim

Frequently asked questions

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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