Eastern Suburbs · Personal injury solicitors explained

Personal injury solicitors explained for people in Eastlakes

Solicitors are regulated professionals. Here's how that protects you, in plain terms.

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 Eastlakes 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: 2018

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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.

From Eastlakes: meetings, records and language

Whether you would travel by the Eastern Suburbs Line, light rail or harbour ferry, or not at all, agree early how you'll meet your solicitor. Video and phone suit most instructions. If a doctor at Prince of Wales 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. Your council, Bayside Council, has no part in a CTP claim or in regulating solicitors. Those rules are set for the whole state, which is why a solicitor's standing can be checked the same way from anywhere.

Region
Eastern Suburbs
Postcode
2018
Nearest public hospital
Prince of Wales Hospital
Local government area
Bayside Council

A solicitor for your claim: needed or not?

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

  • The insurer wants statements or documents and you're unsure what to give
  • You need formal advice on a decision the insurer has made about you
  • You already have a solicitor, but the relationship has broken down
  • Your claim may be heading to a hearing

You may not need one

  • You only want a general explanation of how the scheme works
  • 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 works from your medical records, so treatment comes first. We can suggest doctors and allied health familiar with CTP, from the Certificate of Fitness to ongoing therapy.

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 Eastlakes
  • If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Eastlakes
  • For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Eastlakes
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Solicitors, barristers and 'lawyers' explained

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?

Checking a solicitor's practising certificate

Every solicitor practising in NSW needs a current practising certificate. You can generally check a solicitor's details on the Law Society of NSW's online Register of Solicitors, which lists solicitors who hold a current certificate. It is a quick check, and it is reasonable to do it before you sign anything. A solicitor won't be offended that you looked.

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

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.

What you tell your solicitor, and who else sees it

Two ideas protect what you tell your solicitor. Confidentiality means they generally can't share your information without your consent. Privilege, in broad terms, can stop communications made to get legal advice from being handed to the other side. Neither is absolute, and medical evidence about your injury is generally shared with the insurer as part of the claim. Ask where the lines fall.

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.

If you want a different solicitor

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.

Accredited specialists, in plain terms

When a solicitor describes themselves as an accredited specialist, they mean a Law Society of NSW scheme that recognises depth of experience in one area of law. Solicitors apply voluntarily, pass an assessment and must keep working in the area to keep the title. It is a useful signal, but only one. It tells you nothing about fees, availability or how clearly a solicitor explains things.

About the lawyers we connect people with

The lawyers we connect people with are described as independent and experienced in motor accident claims. If a formal title matters to you, ask the solicitor directly which ones they hold.

If something goes wrong

Most concerns are worth raising with the solicitor first, or with the principal of their practice. If that doesn't resolve it, complaints about lawyers in NSW generally go to the Office of the NSW Legal Services Commissioner, an independent body that deals with complaints about conduct and about legal costs. That is separate from a complaint about a CTP insurer, which goes elsewhere. Time limits can apply, so don't leave it too long.

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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