Before calling a personal injury lawyer: a Worrigee 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.

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.

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.

It's common to feel worse a few weeks after a crash than on the day itself. Adrenaline wears off, and stiffness or pain can build. Other problems, such as numbness, dizziness or trouble concentrating, may take time to show. Mention each new symptom to your GP at the next visit rather than waiting to see if it passes, and put the date in your diary.

Think beyond pay. Can you drive as far as before? Sleep through the night? Carry groceries, garden, play with your children, get through a shift without extra breaks? Each change is part of how the injury has affected you. A few lines a week about what you managed, and what you couldn't, will mean more later than a long account written from memory.

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.

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.

• When and where did it happen?
• Who else was involved, and in which vehicles?
• Have you lodged a claim yet, and on what date?
• Have you signed anything about the accident?

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.