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 Dural 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.
The Hills · Personal injury solicitors explained
Working with a personal injury solicitor from Dural
Solicitors are regulated professionals. Here's how that protects you, in plain terms.
Postcode: 2158
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- By phone & online, no office to visit
- Helping people in Dural & Kenthurst
Dividing the work: you and your solicitor
Knowing where your solicitor's role ends and yours begins saves a lot of frustration. The split below is general, and a good solicitor will explain it for your own claim at the start.
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
- Keeping your own copies of letters and records
- 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.
Who's who in legal help
Whether someone calls themselves a lawyer or a solicitor, in an injury claim you are usually talking about a solicitor. Barristers are different. They are engaged for particular tasks, such as a hearing or a written opinion on a hard point, and they generally work on your matter through your solicitor rather than managing it from day to day.
Read next:Do I need a lawyer for my CTP 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.
From Dural: meetings, records and language
Sydney Metro North West and the T-way buses link the Hills with Parramatta and the city. Even so, most instructions can be given by phone or video, so travel needn't decide anything. Living in The Hills Shire 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. Transport links such as bus stops on Old Northern Road put a solicitor's office within reach for many people near Dural. If travel is hard after the crash, instruct them by phone or video; their duties to you don't change.
- Region
- The Hills
- Postcode
- 2158
- Local government area
- The Hills Shire Council
- Getting around
- bus stops on Old Northern Road
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
- Your injury is serious and the claim is likely to run for a long time
- Your claim may be heading to a hearing
- You already have a solicitor, but the relationship has broken down
- An offer has arrived and you want advice before you decide
You may not need one
- Your injury has healed and your benefits have been paid
- You only want a general explanation of how the scheme works
- Your question is about a payment date, not your rights
Before you engage a solicitor, check that they hold a current practising certificate, and ask for their written costs disclosure. Both are basic steps, and a solicitor should be comfortable with either. What a CTP lawyer costs
Not quite your situation?
- Injured at work rather than on the road? That is usually a workers compensation claim, which runs under different rules from CTP. The free claim check 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 Dural
- If you're ready to engage a solicitor and wondering about the first meeting and the costs paperwork, the compensation solicitor page covers that ground. Compensation solicitor in Dural
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Dural
Moving your claim to someone else
Changing solicitors part-way through a claim is allowed, and people do it for many reasons: poor communication, a move interstate, or a loss of trust. It's worth being clear about why before you switch. The new solicitor can generally request the file. Ask both what happens to fees for work already done, because arrangements vary and surprises help nobody.
How to check who you're dealing with
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
A firm's website can describe its people however it likes. The practising certificate and any accreditation are what the register and the Law Society actually record.
Read next:Do I need a lawyer? Quick check
What you tell your solicitor, and who else sees it
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.
You instruct, your solicitor advises
Your solicitor works for you, on your instructions. In practice, they explain your choices, give their advice, and then do what you decide, within the law and their professional duties. The biggest decision, whether to accept an offer to settle, belongs to you. Take the time you need, and ask for the advice in writing if that helps you think.
A solicitor can't follow an instruction to do something improper, such as mislead the insurer or hold back material they may be obliged to disclose. Their duties to the court and the law come first. That protects you as much as anyone, because a claim built on a full, honest account stands on firmer ground.
Concerns about a solicitor
Many problems with a solicitor come down to communication: calls not returned, decisions made without you, or a bill you didn't expect. Say so in writing, and be specific about what you want to change. If the problem is serious, or raising it gets nowhere, the NSW Legal Services Commissioner's office deals with complaints about lawyers' conduct and legal costs. Changing solicitors is a separate option.
Free claim check
Free claim check, no obligation to instruct
Call (02) 7238 7379 or request a callback. If a solicitor fits your case, we'll connect you with an independent one.
Frequently asked questions
A solicitor works directly with you: advising, dealing with the insurer, preparing documents and running the claim. A barrister is a lawyer who focuses mainly on advocacy at hearings and on advice about particular issues, and is usually engaged by your solicitor rather than by you directly. Most motor accident claims are handled by a solicitor alone. Where a barrister is involved, your solicitor generally stays your main contact.
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.
It means telling your solicitor what you want done. Your solicitor advises on the options and their risks; you decide. Some instructions are big, such as whether to accept an offer or challenge a decision. Others are everyday, like how you want to be contacted. Your solicitor acts on your instructions, within the law and their professional duties, and should tell you if they can't follow one.
Probably not. Most motor accident claims are resolved without a barrister, through dealings with the insurer and, where needed, the Personal Injury Commission. A solicitor may brief a barrister for a hearing, a complex legal question or court proceedings. If that's suggested, ask why, what the barrister will do and how it affects what you'll pay, so you can give an informed instruction.
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's a title granted under the Law Society of NSW's specialist accreditation scheme to solicitors who have shown substantial experience in one area of law, such as personal injury, and passed the scheme's assessment. It's voluntary, and plenty of experienced injury solicitors aren't accredited. If a solicitor uses the title, you can ask which area it covers. The lawyers we connect people with are described by their experience, not by this title.
Personal injury solicitor: suburbs near Dural
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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.