Kooringal: choosing a personal injury lawyer after a crash

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.

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.

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.

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.

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.

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.

A lawyer's first questions are practical. They want the date and place of the accident, the people and vehicles involved, what injuries you have, who is treating you and whether a claim has been lodged. They will also ask how the injury is affecting your work and home life. Having your own notes in front of you makes that conversation shorter and more accurate.

• 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?
• Were you hurt or unwell in the same area before?

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.