Daceyville: 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.

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.

• When and where did it happen?
• 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?

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.

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.

If you decide you need a lawyer, look for experience with NSW motor accident claims in particular. Personal injury covers many schemes, and the CTP rules on benefits, thresholds and deadlines are a world of their own. Ask how much of the lawyer's current work is motor accident claims, and how far those claims usually go. A clear, specific answer is a good sign.

It's fine to speak to more than one lawyer before deciding, and fine to take a day to think. You shouldn't feel pressed to sign on the spot. If we connect you with an independent lawyer after your claim check, you remain free to decide not to go ahead with them.

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.