Newcastle & the Hunter · Personal injury solicitors explained

Personal injury solicitor Fern Bay: who does what

Your solicitor advises and acts on your instructions. The big decisions stay yours.

Solicitors don't make the big decisions on your claim. You do, on their advice, including whether to challenge a decision and whether to accept an offer. If you're in Fern Bay and weighing up legal help after a crash, it helps to understand the relationship before it starts. We offer a free claim check and, where a case needs one, connect you with an independent solicitor.

Postcode: 2295

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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.

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?

Giving instructions: what it means

'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.

Fern Bay and the solicitor relationship

Whether you get around by the Hunter Line, light rail or the Hunter Expressway, agree early with your solicitor how you'll meet. Phone and video are fine for most instructions. Your solicitor will want a list of everywhere you were treated, starting with Calvary Mater Newcastle if you went there. Leave nothing out, even a brief visit. A gap you forgot to mention is harder to explain later than one raised at the start. Your council, Port Stephens 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
Newcastle & the Hunter
Postcode
2295
Nearest public hospital
Calvary Mater Newcastle
Local government area
Port Stephens 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

  • You started the claim yourself and it has become hard to manage
  • Your claim may be heading to a hearing
  • 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

You may not need one

  • You only want a general explanation of how the scheme works
  • Your injury has healed and your benefits have been paid
  • SIRA's free CTP Legal Advisory Service can answer your statutory benefits question

Legal help and medical care run side by side. Ask us about doctors and allied health who know CTP claims, including GPs who complete the Certificate of Fitness.

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 Fern Bay
  • If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Fern Bay
  • 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 Fern Bay

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

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.

Keeping your information confidential

It helps to know what stays private. Conversations with your solicitor are generally confidential, and some may be privileged. But a claim runs on evidence, so medical reports and records relevant to your injury are generally shared with the insurer. If there's something in your history you would rather not see in the file, raise it with your solicitor early and ask what must be disclosed.

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.

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.

Complaints, and where they go

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.

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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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