Before calling a personal injury lawyer: an Aberdeen guide

People search for a personal injury lawyer after all sorts of accidents, but the rules depend on the kind of accident. For a motor vehicle crash in NSW, the claim is made to a CTP insurer, and the scheme sets what can be paid and when. That is our focus. The guidance below is about looking after yourself and your records, which matter whichever way a claim goes.

Treatment and care that is reasonable and necessary for your injuries is generally paid for by the insurer, within your benefit periods. The insurer decides each request, and its decisions can be reviewed. Your part is to follow the treatment plan, turn up to the sessions arranged for you, and keep copies of certificates and reports. Gaps in treatment are hard to explain later.

Expect to be asked what happened, in your own words, and what has happened since. The lawyer is listening for the things that shape a claim: the date, whether someone else caused the crash, how serious the injury looks and whether the insurer has already decided anything. If you don't know an answer, say so. A guess causes more trouble later than a gap does.

• Who else was involved, and in which vehicles?
• Have you lodged a claim yet, and on what date?
• Has the insurer made any decisions or requests?
• Have you signed anything about the accident?

Useful questions for a lawyer are simple ones. Have you run many NSW CTP claims? Who will I deal with most of the time? How will you tell me what's happening, and how often? What will you need from me? Listen for plain answers. A lawyer who explains things clearly at the start is more likely to keep doing so.

Ask how progress will be reported before you commit: by phone, by email, or with a regular check-in. Injury claims often have long quiet stretches while medical evidence is gathered, and a lawyer who warns you about that up front is being straight with you. Vague promises of constant contact are less useful than an honest description of how the file will run.

If your injury changes, your records should change with it. A symptom diary that stops after a fortnight can suggest you recovered, even if you didn't. Keep it going, even at a line or two, until your treating doctor says things have settled. What a change means for your claim is a separate question, and someone can answer it once the change is written down.

Think beyond pay. Can you drive as far as before? Sleep through the night? Carry groceries, garden, play with your children, get through a shift without extra breaks? Each change is part of how the injury has affected you. A few lines a week about what you managed, and what you couldn't, will mean more later than a long account written from memory.

Don't forget the costs of being injured. Medicines, taxis or parking for treatment, a pillow or brace your physio suggested: keep the receipts, even small ones, in one place. The insurer generally pays for treatment and care that is reasonable and necessary, and receipts are how you show what you've spent along the way.

You can ask for a claim check at any stage, but some moments make it more useful. Soon after the crash, while deadlines are still ahead of you. When an injury isn't improving as expected. When the insurer makes a decision you don't understand. And before you sign anything that would finalise your claim. The check is free, and it tells you whether a lawyer, a doctor or neither is needed.