Upper North Shore & Hornsby · Personal injury solicitors explained

Gordon: how to check a personal injury solicitor

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 Gordon 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: 2072

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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

  • 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

You'll hear three words used, often loosely. A lawyer is anyone admitted to practise law. A solicitor is a lawyer who works directly with clients, handling advice, correspondence and the running of a claim. A barrister is a lawyer who mainly appears at hearings and advises on particular issues, and is usually engaged through your solicitor. For an injury claim, your main relationship is with a solicitor.

Read next:Do I need a lawyer for my CTP claim?

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.

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.

Gordon and the solicitor relationship

If Hornsby Ku-ring-gai Hospital or Royal North Shore Hospital treated you, pass the dates to your solicitor. Collecting records with your authority is part of the work you can hand over. The Ku-ring-gai 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
Upper North Shore & Hornsby
Postcode
2072
Nearest public hospital
Hornsby Ku-ring-gai Hospital
Local government area
Ku-ring-gai Council

Is engaging a solicitor the right step yet?

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
  • You would rather someone else dealt with the insurer for you
  • You started the claim yourself and it has become hard to manage
  • The insurer wants statements or documents and you're unsure what to give

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
  • You're managing your own claim comfortably and it's on track

A solicitor can't treat your injury. If you need a GP who understands the Certificate of Fitness, or physiotherapy or psychology, we can point you to doctors and allied health experienced with CTP.

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

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

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

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.

Keeping your information confidential

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.

What 'accredited specialist' means

'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

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

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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