Before calling a personal injury lawyer: an Eden 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.

It's common to feel worse a few weeks after a crash than on the day itself. Adrenaline wears off, and stiffness or pain can build. Other problems, such as numbness, dizziness or trouble concentrating, may take time to show. Mention each new symptom to your GP at the next visit rather than waiting to see if it passes, and put the date in your diary.

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.

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.

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?
• Has the insurer made any decisions or requests?
• How is the injury affecting your work and home life?

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.