Before calling a personal injury lawyer: a Northbridge 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.

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.

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.

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.

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.

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.

• Who else was involved, and in which vehicles?
• What injuries do you have, and who is treating them?
• Have you lodged a claim yet, and on what date?
• How is the injury affecting your work and home life?

Earlier is usually easier. A claim lodged within 28 days of the accident can have weekly payments back-paid to the day after it, and some insurer decisions have short windows for review. If you're unsure about anything, from which form to fill in to whether your injury is being taken seriously, a free claim check is a low-effort way to see where you stand.