Wickham: choosing a personal injury lawyer after a crash

An injury claim after a crash has two sides. The legal side is about which scheme applies, what can be claimed and which deadlines run. The personal side is your treatment, your recovery and the record of how the injury has affected you. Motor accident claims in NSW run through CTP. If you were hurt at work instead, that is usually a workers compensation claim, which is a different scheme.

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.

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.

The effect of an injury on your life is a large part of any claim, and it's often the least recorded. Time off shows up in payslips. What doesn't show up is the lifting you now avoid, the shifts you swapped, the sport you stopped, or the help you need with children or shopping. Note these as they happen, with dates, in plain words.

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.

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.

• When and where did it happen?
• Who else was involved, and in which vehicles?
• Has the insurer made any decisions or requests?
• Have you signed anything about the accident?

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.

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.