A solicitor is a regulated professional with duties to you and to the court. Knowing what those duties are, and what you can expect in return, makes the relationship easier from the first call. For people in Cambridge Gardens hurt on the road, this is a plain guide to working with a personal injury solicitor: checking them, instructing them, and what to do if something isn't right.
Penrith & the Nepean · Personal injury solicitors explained
Personal injury solicitor Cambridge Gardens
Your solicitor advises and acts on your instructions. The big decisions stay yours.
Postcode: 2747
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Cambridge Gardens & Werrington Downs
Dividing the work: you and your solicitor
People sometimes expect a solicitor to take over everything. They don't, and they shouldn't. Some tasks only you can do, and some decisions only you can make. This is a general picture of who does what.
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.
Solicitors, barristers and 'lawyers' explained
In NSW, 'lawyer' is the umbrella word. Most lawyers who help people with injury claims are solicitors: they advise you directly, run the claim, deal with the insurer and prepare documents. Barristers are lawyers who concentrate on advocacy and particular kinds of advice, usually briefed by a solicitor for a hearing or a difficult question. In most motor accident claims, the solicitor is the person you deal with.
Read next:Do I need a lawyer for my CTP claim?
Checking a solicitor's practising certificate
Checking credentials takes a few minutes. Confirm the solicitor's full name, then look them up on the Law Society of NSW register to see that their practising certificate is current. If someone else in the practice will do much of the work, you can ask who will supervise your file and look that person up too. None of this is rude; it's ordinary care with any professional.
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
Working with a solicitor from Cambridge Gardens
The Western Line and the M4 connect Penrith with the city, but a long trip may be hard with an injury. Ask your solicitor for phone or video meetings if those suit you better. If a doctor at Nepean Hospital wrote down the crash differently from how you remember it, tell your solicitor now. A difference you raise early is much easier to deal with than one the insurer points out later. Solicitors aren't licensed council by council. Whether you live in the Penrith City Council area or across the state, the same professional rules apply to any NSW solicitor, and their practising certificate can be checked the same way.
- Region
- Penrith & the Nepean
- Postcode
- 2747
- Nearest public hospital
- Nepean Hospital
- Local government area
- Penrith City Council
Is engaging a solicitor the right step yet?
Not sure whether you're ready to instruct a solicitor? Look at what has happened in your claim so far. These lists sum up when it tends to be worth it and when it usually isn't.
Often worth talking to a lawyer
- Your injury is serious and the claim is likely to run for a long time
- You already have a solicitor, but the relationship has broken down
- The insurer wants statements or documents and you're unsure what to give
- Your claim may be heading to a hearing
You may not need one
- Your injury has healed and your benefits have been paid
- What you mainly need is medical help or a new treating doctor
- You're managing your own claim comfortably and it's on track
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?
- If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. 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 Cambridge Gardens
- If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Cambridge Gardens
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Cambridge Gardens
You instruct, your solicitor advises
'Instructions' is the word for what you tell your solicitor to do. Your solicitor advises you on the options and the risks, but acts on your instructions. That means the key decisions are yours: whether to lodge a particular claim, whether to challenge a decision, and whether to accept an offer. A solicitor can recommend firmly, but shouldn't decide for you.
If you're unsure what your solicitor is asking you to decide, say so. It's reasonable to ask what happens under each option, what the risks are, and what they would recommend and why. You can also ask for time to think or to talk it over with family. Instructions given under pressure are the ones people most often regret.
Keeping your information confidential
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
Having a family member on a call is usually fine, but a third party's presence can sometimes affect whether a conversation stays privileged. Ask your solicitor before sharing sensitive details in front of others.
Changing solicitors
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.
The Law Society's specialist accreditation scheme
'Accredited specialist' is a title with a specific meaning in NSW. The Law Society of NSW grants it to solicitors who have shown substantial experience in one area of law and passed the scheme's assessment. Personal injury is one of the areas covered. The title is optional: a solicitor doesn't need it to handle injury claims, and plenty of experienced ones don't hold it.
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.
Concerns about a solicitor
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.
Free claim check
Check your claim before engaging a solicitor
We'll look at where your claim is up to and tell you whether a solicitor would help. Many claims don't need one.
Frequently asked questions
No. Accreditation is optional, and a solicitor doesn't need it to handle a motor accident claim. What matters more is real experience with NSW CTP claims, which you can ask about directly, along with how the solicitor will keep you informed. The title is one signal among several, not a requirement, and its absence isn't a warning sign on its own.
Start by putting your concern in writing to the solicitor or the principal of their practice; many problems are resolved that way. If not, complaints about NSW lawyers generally go to the Office of the NSW Legal Services Commissioner, which deals with conduct complaints and disputes about legal costs. Time limits can apply to costs disputes. Complaints about how a CTP insurer has treated you are a separate matter for a different body.
Solicitors in NSW practise under the Legal Profession Uniform Law, which sets professional and ethical rules. The Law Society of NSW issues practising certificates and oversees standards, and the Office of the NSW Legal Services Commissioner receives complaints about lawyers. Solicitors also owe duties to the court. In practice, rules about honesty, confidentiality, conflicts and costs disclosure generally apply to any solicitor you work with.
In NSW, solicitors need a current practising certificate, issued by the Law Society of NSW. You can generally confirm that a solicitor holds one by searching the Law Society's online Register of Solicitors using their full name. If they don't appear, check the spelling or ask them how they're registered. It only takes a few minutes, and it's reasonable to check before you sign anything.
It depends on the stage. Some weeks are busy; others are quiet while the solicitor waits on medical reports or the insurer. A reasonable arrangement is one you agree at the start: how you'll be contacted, roughly how often, and who covers when your usual contact is away. If a long silence worries you, ask. Solicitors are generally expected to give clear and timely advice as a matter progresses.
A conflict can arise where a solicitor's duty to you clashes with a duty to someone else, or with their own interests. One example is acting for two people from the same crash whose interests may pull in different directions. Solicitors generally must avoid acting where there's a conflict, or manage it within strict rules. If you're worried about one, ask the solicitor directly; they should explain.
Personal injury solicitor: suburbs near Cambridge Gardens
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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.