Talking to a CTP lawyer from Edgecliff

It helps to separate what the insurer pays now from what you might claim later. Statutory benefits are the now: weekly payments and treatment, claimed early and decided by the insurer as you go. Damages are the later: a lump sum for lost earnings and, in serious cases, pain and suffering. In many claims a lawyer is optional for the first part, and usually worth having for the second.

The work often includes requesting records from hospitals and treating practitioners, asking for an internal review, preparing an application to the Personal Injury Commission and, for damages, negotiating a settlement. Some of that you could do yourself. The value of an experienced lawyer is knowing which arguments the scheme allows and which deadlines apply to your accident date.

SIRA pays for a free CTP Legal Advisory Service that answers statutory benefits questions about accidents since 1 December 2017, and CTP Assist on 1300 656 919 can put you through to it. It's a sensible first stop when you're unsure whether a decision about your benefits is right. Where its help stops is usually where an independent lawyer comes in, and our claim check can tell you whether you've reached that point.

The clearest sign is a decision you disagree with. A refused claim, a threshold classification, a finding that you were mostly at fault, or payments that suddenly stop all have review pathways and deadlines. The internal review window is generally 28 days from receiving the decision, so it pays to get advice quickly rather than waiting to see what happens next.

Many CTP claims never need a lawyer. If your claim has been accepted, weekly payments are arriving at the right rate and treatment requests are being approved, there may be nothing for a lawyer to do. The same is often true when the insurer has classed your injury as threshold, your doctor agrees and you're recovering well. In claims like these, CTP Assist and your treating team usually cover the questions that come up.

Recovering from an injury is hard enough without travelling to meetings. CTP work suits remote contact well. Much of a claim happens on paper and by phone, from the first review request to negotiations with the insurer, so many people deal with the whole process without ever sitting in a lawyer's office.

Two rules shape what a CTP lawyer can charge. First, the Motor Accident Injuries Regulation sets maximum costs for the stages of a claim, and those amounts are indexed every year. Second, in statutory benefits matters the insurer pays whatever costs the rules allow, and for some disputes nothing is recoverable. Ask any lawyer to explain in writing how their fees would be worked out for your matter.

If a decision has gone against you, the internal review window is generally 28 days from receiving it. That's the deadline people most often miss while they wait to see whether the insurer changes its mind. Outside 3 months for statutory benefits and still haven't claimed? Speak to a lawyer straight away, because late claims are accepted only in limited circumstances.