Talking to a CTP lawyer from Seven Hills West

Statutory benefits come first and cover weekly payments plus treatment and care that is reasonable and necessary. Many people manage this part with help from CTP Assist and their treating team. Common law damages are different: a separate claim for past and future lost earnings and, where whole person impairment is more than 10%, pain and suffering. That's the stage where most people want a lawyer beside them.

Your accident date shapes what a lawyer does. Claims for accidents from 1 December 2017 fall under the Motor Accident Injuries Act 2017, with further changes for accidents from 1 April 2023. Older accidents come under the Motor Accidents Compensation Act 1999. A lawyer who works in CTP day to day will check which rules apply before advising on anything else.

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.

Before paying for anything, know what's free. CTP Assist, run by SIRA, gives free information and support about CTP claims on 1300 656 919, 8:30am to 5pm weekdays. It can also connect you with the CTP Legal Advisory Service, which SIRA funds for statutory benefits questions on accidents from 1 December 2017. For many early questions, that's enough.

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.

An offer from the insurer is a moment to pause. A damages settlement generally ends the claim for good, and it generally can't happen within 2 years of the accident unless whole person impairment is more than 10%. Before accepting anything, it's sensible to have a lawyer check whether the offer reflects your losses and your likely future.

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.

Missed a deadline? It isn't always the end. Claims made more than 3 months after the accident can only be accepted in limited circumstances, usually where there is a full and satisfactory explanation for the delay. The rules are strict and depend on your accident date, which makes this one of the most time-sensitive moments to get an independent lawyer's view.