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 Ettalong 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.
Central Coast · Personal injury solicitors explained
Personal injury solicitor Ettalong
What a solicitor does, what stays with you, and how to check who you're dealing with.
Postcode: 2257
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Ettalong & Empire Bay
Who does what on your claim
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.
Instructing a solicitor from Ettalong
Many Coast residents commute to Sydney by train or the M1, so a city meeting might fit your week. If your injury makes that hard, ask your solicitor for phone or video instead. If a doctor at Gosford 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. The Central Coast Council area is one of many that a solicitor may work with by phone and online. Distance doesn't change their duties to you: confidentiality, acting on your instructions and keeping you informed apply wherever you are.
- Region
- Central Coast
- Postcode
- 2257
- Nearest public hospital
- Gosford Hospital
- Local government area
- Central Coast Council
A solicitor for your claim: needed or not?
Engaging a solicitor is a serious step, usually with a written agreement and an ongoing working relationship. It is worth taking when your claim needs it, and not before. Here is a rough guide.
Often worth talking to a lawyer
- The insurer wants statements or documents and you're unsure what to give
- An offer has arrived and you want advice before you decide
- You would rather someone else dealt with the insurer for you
- You already have a solicitor, but the relationship has broken down
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
- Your injury has healed and your benefits have been paid
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
- For what to do after an injury, the records worth keeping and choosing a lawyer in the first place, see the personal injury lawyer page. Personal injury lawyer in Ettalong
- 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 Ettalong
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Ettalong
Free claim check
Talk it through with us first
We'll look at where your claim is up to and tell you whether a solicitor would help. Many claims don't need one.
Who's who in legal help
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?
Who decides what on your claim
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.
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.
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 you want a different solicitor
You can generally change solicitors if the relationship isn't working. Your new solicitor usually arranges for the file to be transferred. The first solicitor may be entitled to be paid for work already done, and how that's handled depends on the arrangement you signed, so check it or ask before you switch. Try raising the problem directly first; plenty of issues can be fixed.
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.
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
Complaints, and where they go
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
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.
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.
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.
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.
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.
Personal injury solicitor: suburbs near Ettalong
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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.