Diamond Bay: 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.

Medical records are the backbone of an injury claim. In NSW CTP claims your doctor completes a Certificate of Fitness, which records your injuries and your capacity for work. Keep each one, check it lists all your injuries, and arrange your next visit before the current certificate runs out. If something is missing, raise it with your doctor rather than the insurer.

Most first conversations with a personal injury lawyer cover the same ground. How did the accident happen? Who else was involved? How serious is the injury, and what treatment have you had? And when did it happen, because dates drive the deadlines. You don't need perfect answers. Honest, approximate ones, backed by whatever notes you have, are enough to start.

• What injuries do you have, and who is treating them?
• 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.

Notice how a lawyer treats you before you sign anything. Did they listen to your account, or jump to conclusions? Did they explain what they don't know yet? Did they mention that some claims don't need a lawyer at all? Early signs like these tell you a lot about the working relationship ahead.

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.

The effect of an injury on your life is a large part of any claim, and it's often the least recorded. Time off shows up in payslips. What doesn't show up is the lifting you now avoid, the shifts you swapped, the sport you stopped, or the help you need with children or shopping. Note these as they happen, with dates, in plain words.

If family or friends are helping with things you used to do, like cooking, cleaning, driving or caring for children, write down who helps, with what and how often. Unpaid help from family generally isn't something CTP damages pay for, but the record still shows how much the injury has changed your days. Paid care is a separate treatment and care question for the insurer.

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.