Personal injury lawyer Tascott: 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.

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?
• Have you signed anything about the accident?

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.

Don't forget the costs of being injured. Medicines, taxis or parking for treatment, a pillow or brace your physio suggested: keep the receipts, even small ones, in one place. The insurer generally pays for treatment and care that is reasonable and necessary, and receipts are how you show what you've spent along the way.

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.

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.

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.

It's fine to speak to more than one lawyer before deciding, and fine to take a day to think. You shouldn't feel pressed to sign on the spot. If we connect you with an independent lawyer after your claim check, you remain free to decide not to go ahead with them.

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.