Before calling a personal injury lawyer: a Sadleir 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.

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?

Tell every doctor and therapist that the crash caused your injuries, and describe all your symptoms, not just the worst one. It sounds obvious, but a headache or low mood mentioned to nobody won't appear anywhere. Your GP completes the Certificate of Fitness, and the insurer relies on it. Specialist reports and treatment notes then build on that base.

Choosing a lawyer is less about the name on the letterhead and more about who will actually run your file. Ask whether the person you meet will handle it day to day, or pass it to a colleague. Either can work well. What matters is knowing who to call, and that they know your injury and your dates.

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.

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.

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.

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.