Meeting a compensation solicitor, Emu Plains: step by step

Engaging someone is a decision, not a formality, so it's fine to take it step by step. You can have a first conversation, meet, read the costs documents in your own time and only then agree to anything. A solicitor who works on motor accident claims will generally expect questions at this stage. The point is that you know what you're agreeing to before the work starts.

If our claim check suggests your claim needs legal help, we'll connect you with an independent solicitor experienced in motor accident claims. You're under no obligation to engage them, and you can choose someone else. Either way, the steps on this page are much the same. You can also ask any solicitor whether they are an accredited specialist. It's one of several reasonable questions to raise before you engage anyone.

A first meeting is mostly the solicitor getting a clear picture of your claim. You'll talk through what happened and where things stand with the insurer, and they'll read the documents you bring and check the key dates. Towards the end, they'll usually say whether and how they can help, how their costs work and what they would do first if you engage them.

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.

• Checks whether any deadline is close
• Reads the insurer's letters and decisions
• Explains how their costs are worked out
• Tells you what they need from you next

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.

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.

Many documents can be signed electronically, often by clicking through a secure link. Some forms may still need a handwritten signature or a witness, and the solicitor will tell you if so. You may also be asked to show photo ID on camera so they can confirm who you are. That's a routine step, not a sign that anything is wrong.

Before or soon after you engage a solicitor, you should generally receive a written costs disclosure. It explains how the solicitor's costs will be worked out, gives an estimate of the total where they can, and usually sets out what you can do if you have a question or a concern about costs later. It's information rather than a contract, but it tells you what to expect.

Before you sign a costs agreement, check that it matches what you were told at the first meeting and in the disclosure. Look at how fees are calculated, what other expenses might be charged and what happens if the arrangement ends early. Some agreements are described as no win, no fee, and the terms vary, so read the detail. If anything is unclear, ask and get the answer in writing.

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.

• Signing authorities to release your records
• Requests to hospitals, your GP and treating practitioners
• A look at any recent decision you may want reviewed
• Questions about your earnings before the accident