Russell Vale: 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.

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.

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.

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.

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.

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.

• 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?

Injuries rarely follow a straight line. Some improve and then flare. Some that seemed slight at first turn out to be more serious, and some symptoms, like headaches, poor sleep or anxiety, appear weeks later. Record each change as it happens: what's different, when you noticed it, and whether you told your doctor. Dated notes like these are what let a doctor connect a later problem to the crash.

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.