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 Forestville 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.
Northern Beaches · Personal injury solicitors explained
You and your personal injury solicitor: a Forestville guide
Solicitors are regulated professionals. Here's how that protects you, in plain terms.
Postcode: 2087
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Who does what on your claim
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
- 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.
Forestville and the solicitor relationship
With no rail line, most trips from the Northern Beaches are by B-Line, bus, ferry or car. If travel is hard, ask your solicitor to meet by phone or video; it's an ordinary request. If a doctor at Northern Beaches 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. Living in the Northern Beaches 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.
- Region
- Northern Beaches
- Postcode
- 2087
- Nearest public hospital
- Northern Beaches Hospital
- Local government area
- Northern Beaches Council
Is engaging a solicitor the right step yet?
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
- Your claim may be heading to a hearing
- The insurer wants statements or documents and you're unsure what to give
- The other side's insurer disputes what happened
- You would rather someone else dealt with the insurer for you
You may not need one
- What you mainly need is medical help or a new treating doctor
- You want help reading a form, not help challenging a decision
- 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?
- 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 Forestville
- 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 Forestville
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Forestville
Free claim check
Free claim check, no obligation to instruct
We'll look at where your claim is up to and tell you whether a solicitor would help. Many claims don't need one.
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?
Changing solicitors
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.
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
Who decides what on your claim
'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.
Some instructions are standing ones, like 'email me rather than call' or 'don't ring me at work'. Others are one-off decisions. Both are yours to give and to change. If your circumstances shift, for example you move, return to work or your injury worsens, tell your solicitor, because it may change the advice.
Confidentiality and legal privilege
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
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.
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
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.
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
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.
Generally, yes. If the relationship isn't working, you can move your claim to another solicitor, who will usually arrange for the file to be transferred. Your first solicitor may be entitled to payment for work already done, depending on the agreement you signed, so ask how that will be handled before you switch. It's often worth raising your concerns directly first, because many problems can be fixed.
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.
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.
Yes, within limits. Your solicitor generally can't pass on what you tell them without your consent, except where the law requires it, and some advice may also be privileged. Private isn't the same as kept out of the claim, though: medical records about your injury are normally shared with the insurer because the claim depends on them. If something in your history worries you, raise it early and ask whether it has to be disclosed.
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 Forestville
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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.