A CTP lawyer for Potts Point, when your claim needs one

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.

Disputes aren't the only trigger; stakes matter as well. If your injuries are serious, if you can't return to your old work, or if someone close to you died in the crash, the difference between a well-prepared claim and a rushed one can be significant. Those are the claims where many people choose to talk to a lawyer early, even before anything has gone wrong.

CTP claims run on documents: claim forms, medical certificates, insurer decisions and reports. Almost all of it can be shared by email, and conversations work by phone or video. That means the lawyer with the right experience may be across the state, and it makes little practical difference to how your claim is handled.

If you were wholly or mostly at fault, there's generally no damages claim to make, and statutory benefits are generally limited to the first 52 weeks. Unless you dispute the fault finding, a lawyer may add little: the insurer pays what the scheme allows, and SIRA's free CTP Legal Advisory Service can answer statutory benefits questions. It's different if you think the fault decision is wrong, because that finding shapes everything else.

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.

Legal costs in NSW CTP claims are tightly regulated. In a statutory benefits claim, costs can only be recovered where the Motor Accident Injuries Regulation or the Personal Injury Commission allows it, the insurer is the one who pays them, and some disputes allow no recoverable costs at all. In a damages claim, the most a lawyer can charge is capped by the same Regulation. The caps are indexed each year, which is why we don't quote figures.

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.