Personal injury lawyer Phillip Bay: what to record now

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.

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.

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.

• When and where did it happen?
• Have you lodged a claim yet, and on what date?
• Have you signed anything about the accident?
• Were you hurt or unwell in the same area before?

If you've missed paid work, keep a list of the dates and any leave you used. If you went back on lighter duties or fewer hours, write down what changed and who agreed to it. Your doctor records your capacity for work on the Certificate of Fitness, but your own notes add the detail a certificate can't hold.

Self-employed or working casually? Your records matter even more, because there may be no payslip showing what you've lost. Keep invoices, the jobs you turned down and any work you handed to someone else. Working out lost earnings is the insurer's job, and a lawyer's if it's disputed, but both will need your records to do it.

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.

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.