Newcastle & the Hunter · Working with a compensation solicitor

Working with a compensation solicitor from Scone

Engaging a solicitor is a set of practical steps. Here they are, in the order they usually happen.

If a claim check has pointed you towards legal help, the next questions are practical. What will the solicitor ask for, what will you sign, and what changes with the insurer once someone is acting for you? People from Scone rarely need to travel for any of it. Meetings generally happen by phone or video, and documents go back and forth by email.

Postcode: 2337

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Engaging a solicitor, step by step

There's a difference between talking to a solicitor and engaging one. A first conversation lets you both work out whether they can help. Engaging them is the step where you agree, in writing, that they'll work on your claim and how their costs will be dealt with. Until you sign that agreement, you're generally free to take your time, ask questions or speak with someone else.

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.

You generally don't have to decide anything at the first meeting. It's common to take the costs documents away, read them properly and come back with questions. If you'd like a family member or friend with you for support, that's usually fine; let the solicitor know beforehand. Some people write down the answers as they go, since a lot of information arrives at once.

  • Notes which records are missing
  • Explains how their costs are worked out
  • Outlines what they'd do first if you engage them
  • Tells you what they need from you next

Two costs documents to read before you sign

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.

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

Anything you're told about costs is worth having in writing. Keep the disclosure, the signed agreement and any emails about fees together with your other claim papers.

Read next:No win, no fee explained

Scone: no need to travel for a first meeting

John Hunter Hospital, Maitland Hospital and the hospitals at Cessnock, Singleton and Muswellbrook all keep records a solicitor may request. An authority you sign lets them ask directly. Scone is roughly 205 km from the Sydney CBD, but engaging a solicitor doesn't mean a trip into the city. Solicitors meet clients by phone and video, and signed documents can come back by email or post. Council boundaries such as Upper Hunter Shire 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 Scone, and meet you without either of you travelling.

Region
Newcastle & the Hunter
Postcode
2337
Distance to Cessnock
~98 km
Local government area
Upper Hunter Shire Council

Documents worth gathering before you meet

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.

  • Your CTP claim number, if you've lodged a claim
  • A written list of your questions about costs
  • Names and contact details of any witnesses
  • Every letter and decision from the insurer, with the dates you received them
  • Your most recent Certificate of Fitness
  • Payslips, tax returns or other records of what you earned before the accident
  • A copy of any statement you gave the insurer

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

Do you need a solicitor yet?

Not everyone who reads about solicitors needs one right now. The lists below reflect common situations. If yours isn't here, or you're torn, talk it through with us by phone or online first.

Often worth talking to a lawyer

  • A decision letter has arrived and the time to challenge it is already running
  • Letters are piling up and you can't keep track of what needs answering
  • You're handling a claim for someone who can't manage it themselves
  • Your recovery is slower than expected and a lump sum claim may be possible

You may not need one

  • Payments and treatment approvals are arriving without problems
  • Your only question is about a form or a date
  • Your claim has only just been lodged and nothing has been decided

The records a solicitor requests are only as good as the treatment behind them. Regular visits, an up-to-date Certificate of Fitness and clear notes matter, and we can connect you with doctors and allied health who know the scheme.

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 Scone
  • 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 Scone
  • For checking a practising certificate, understanding how solicitors are regulated or moving your file to someone new, see the personal injury solicitor page. Personal injury solicitor in Scone
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You, your solicitor and the insurer

After you engage a solicitor, the insurer will generally be told in writing. You may notice that fewer letters arrive at home, or that copies come to you as well as to the solicitor. Either is normal. If the insurer contacts you directly about anything beyond everyday matters, it's sensible to tell your solicitor before you respond.

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

When the first meeting happens remotely

Meeting remotely doesn't mean a lesser service. The solicitor still needs the full story and the documents, and you still get to ask every question you have. What changes is logistics: documents are emailed or uploaded before the call, and anything to sign is sent to you afterwards. If you can't scan, clear phone photos are generally accepted.

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.

What happens in the first few weeks

The first weeks after you engage a solicitor are mostly about gathering information. They'll usually ask you to sign authorities so they can request records from hospitals, your GP and other treating practitioners. They may also ask for records of your earnings. Some requests take time to come back, so this stage can feel quiet. That doesn't generally mean nothing is happening.

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.

  • Requests to hospitals, your GP and treating practitioners
  • A request to the insurer for copies of its file
  • A check of every deadline that applies
  • A written outline of the next steps

Read next:Gathering medical evidence for your claim

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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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