St George & Bayside · Personal injury solicitors explained

Banksia: how to check a personal injury solicitor

What a solicitor does, what stays with you, and how to check who you're dealing with.

You can ask a solicitor questions, disagree with their advice and, if it comes to it, move to another solicitor. Those rights often go unspoken. This guide sets them out for people in Banksia who were hurt on the road and are working with, or thinking about, a personal injury solicitor. Start with a free claim check if you're not sure you need one.

Postcode: 2216

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Who does what on your claim

Working with a solicitor is a partnership with clear roles. Your solicitor brings legal knowledge and handles the formal work. You keep control of your treatment, your information and the decisions that matter most. Here is how that generally divides.

Your solicitor's job

  • Advising you on your rights and options, in plain terms
  • Dealing with the insurer and preparing formal documents
  • Gathering the evidence you authorise them to obtain
  • Explaining any offer, then acting on your instructions about it

What stays with you

  • Your treatment, and keeping your own records of it
  • Giving clear instructions and accurate information
  • Telling your solicitor promptly about any change
  • Deciding whether to accept an offer or keep going

General information, not legal advice. How the work is split can vary, so ask your solicitor to explain it for your claim.

Instructing a solicitor from Banksia

From St George and Bayside, a trip into the city on the Illawarra Line is simple for some people and hard for others after a crash. Ask your solicitor to meet by phone or video if travel hurts. Your solicitor needs to understand you exactly, and you need to follow their advice just as exactly. If you think in another language, such as Arabic, ring CTP Assist on 1300 656 919 for an interpreter on your motor accident claim. Records from St George Hospital or a GP near Banksia can mention health matters that have nothing to do with the crash. Your solicitor generally has to keep them confidential, and you can ask what will go to the insurer before it's sent.

Living in the Bayside Council area places no limit on which NSW solicitor you use. What counts is that they hold a current practising certificate and deal with motor accident claims, wherever they happen to be based.

Region
St George & Bayside
Postcode
2216
Community languages
Arabic
Nearest public hospital
St George Hospital
Local government area
Bayside Council

A solicitor for your claim: needed or not?

Many motor accident claims are handled by the injured person with no solicitor at all. Others reach a point where formal advice makes a real difference. These lists are a general guide to which is which.

Often worth talking to a lawyer

  • You would rather someone else dealt with the insurer for you
  • The other side's insurer disputes what happened
  • Your injury is serious and the claim is likely to run for a long time
  • Your claim may be heading to a hearing

You may not need one

  • You want help reading a form, not help challenging a decision
  • You only want a general explanation of how the scheme works
  • What you mainly need is medical help or a new treating doctor

A solicitor can't treat your injury. If you need a GP who understands the Certificate of Fitness, or physiotherapy or psychology, we can point you to doctors and allied health experienced with CTP.

Not quite your situation?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and we can point you to the right help. Free claim check
  • If you're still dealing with the injury itself, what to record and how to choose a lawyer, the personal injury lawyer page starts there. Personal injury lawyer in Banksia
  • If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Banksia
  • To see how a solicitor generally runs a CTP claim from start to finish, stage by stage, turn to the car accident solicitor page. Car accident solicitor in Banksia
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Solicitors, barristers and 'lawyers' explained

Most people deal with only one lawyer during a motor accident claim, and that is their solicitor. The solicitor gives advice, deals with the insurer and keeps the file moving. If a claim needs a hearing or an opinion on a difficult point, the solicitor may brief a barrister, who then works alongside them. Knowing who is who tells you who to ask, and who answers for what.

Read next:Do I need a lawyer for my CTP claim?

Confidentiality and legal privilege

Solicitors owe you a duty of confidentiality. In general, what you tell them about your claim isn't shared with others without your permission, except where the law requires it. Separately, legal professional privilege can protect certain communications made for the purpose of getting legal advice. The details are technical, so if something sensitive worries you, ask your solicitor how it would be handled.

Others in the room

If a friend or relative joins your meetings, check with your solicitor first about anything sensitive. Who is present can sometimes matter to whether advice stays privileged.

The Law Society's specialist accreditation scheme

The Law Society of NSW runs a specialist accreditation scheme. Solicitors with several years of practice, including substantial time in one area such as personal injury, can apply, and those who pass its assessment may call themselves accredited specialists in that area. It is formal recognition of depth in one field. Many capable solicitors are not accredited, and the title says nothing about how a particular claim will go.

About the lawyers we connect people with

We describe the independent lawyers we connect people with by their experience with motor accident claims, not by any title. Whether a particular solicitor holds accreditation is a fair question to ask them yourself.

Moving your claim to someone else

If you're thinking about moving to another solicitor, first tell your current one what isn't working. Sometimes one frank conversation fixes it. If not, you are generally free to go. The new solicitor will usually handle the transfer of the file. Keep your own copies of key letters throughout, so a change never leaves you without the basic information about your claim.

You instruct, your solicitor advises

Good instructions start with good information. Tell your solicitor everything relevant, including the parts that don't help you, like an old injury or a gap in treatment. They can only advise properly on the whole picture. Then, when a decision is needed, they will set out the options. You choose, and they act on your choice.

Some instructions are standing ones, like 'email me rather than call' or 'don't ring me at work'. Others are one-off decisions. Both are yours to give and to change. If your circumstances shift, for example you move, return to work or your injury worsens, tell your solicitor, because it may change the advice.

Checking a solicitor's practising certificate

A practising certificate is, in effect, the licence a solicitor needs to provide legal services. In NSW the Law Society of NSW issues them, and you can generally search its online register to confirm a solicitor holds a current one. If you can't find someone, check the spelling, ask them for their full registered name, or contact the Law Society.

Titles on websites

Words like 'expert' on a website are marketing, not formal titles. 'Accredited specialist' is a formal title. If a solicitor uses it, you can ask which area of law it covers.

Read next:Do I need a lawyer? Quick check

If something goes wrong

If you believe a solicitor has acted improperly or charged unfairly, you can generally take it to the NSW Legal Services Commissioner. Before that, put your concern in writing to the solicitor and give them a chance to respond. Keep copies of everything. Changing solicitors and making a complaint are separate steps; you can take one without the other.

Frequently asked questions

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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