Hoxton Park: choosing a personal injury lawyer after a crash

In NSW, compensation for an injury usually runs through a scheme rather than a simple lawsuit, and which scheme depends on how you were hurt. If the injury came from a motor accident on or after 1 December 2017, it is generally claimed through CTP insurance under the Motor Accident Injuries Act 2017. That is the kind of claim we help with, whether you were driving, a passenger, riding, cycling or on foot.

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.

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?
• What injuries do you have, and who is treating them?
• Has the insurer made any decisions or requests?
• How is the injury affecting your work and home life?

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.

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.

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.