Brereton: choosing a personal injury lawyer after a crash

An injury claim after a crash has two sides. The legal side is about which scheme applies, what can be claimed and which deadlines run. The personal side is your treatment, your recovery and the record of how the injury has affected you. Motor accident claims in NSW run through CTP. If you were hurt at work instead, that is usually a workers compensation claim, which is a different scheme.

Choosing a lawyer is less about the name on the letterhead and more about who will actually run your file. Ask whether the person you meet will handle it day to day, or pass it to a colleague. Either can work well. What matters is knowing who to call, and that they know your injury and your dates.

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.

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?

If you've missed paid work, keep a list of the dates and any leave you used. If you went back on lighter duties or fewer hours, write down what changed and who agreed to it. Your doctor records your capacity for work on the Certificate of Fitness, but your own notes add the detail a certificate can't hold.

Self-employed or working casually? Your records matter even more, because there may be no payslip showing what you've lost. Keep invoices, the jobs you turned down and any work you handed to someone else. Working out lost earnings is the insurer's job, and a lawyer's if it's disputed, but both will need your records to do it.

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.

Injuries rarely follow a straight line. Some improve and then flare. Some that seemed slight at first turn out to be more serious, and some symptoms, like headaches, poor sleep or anxiety, appear weeks later. Record each change as it happens: what's different, when you noticed it, and whether you told your doctor. Dated notes like these are what let a doctor connect a later problem to the crash.

Get in touch when something changes: a new symptom, a letter from the insurer, a return to work that isn't working, or an offer you're unsure about. Those are the points where advice tends to matter. Many people simply want someone to confirm they're on track, which is a good reason too. We'll tell you honestly if you don't need a lawyer.