Sutherland Shire · Personal injury solicitors explained

Personal injury solicitor Gymea Bay

General information about the solicitor relationship in NSW, not legal advice.

If a lawyer has been suggested for your motor accident claim, you may be wondering who exactly you'd be dealing with. This page explains the roles of solicitor, lawyer and barrister, what a solicitor's job is, and what stays with you. It also covers how to check a solicitor's standing. People in Gymea Bay can start with our free claim check, and many claims never need a solicitor at all.

Postcode: 2227

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  • Helping people in Gymea Bay & Grays Point

Dividing the work: you and your solicitor

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.

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?

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.

Instructing a solicitor from Gymea Bay

From the Shire, a meeting in the city means the Illawarra Line or a long drive on the Princes Highway. Many solicitors take instructions by phone and video, so ask what works for both of you. If a doctor at The Sutherland 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 Sutherland Shire 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
Sutherland Shire
Postcode
2227
Nearest public hospital
The Sutherland Hospital
Local government area
Sutherland Shire 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

  • An offer has arrived and you want advice before you decide
  • You already have a solicitor, but the relationship has broken down
  • You would rather someone else dealt with the insurer for you
  • Your claim may be heading to a hearing

You may not need one

  • You're managing your own claim comfortably and it's on track
  • What you mainly need is medical help or a new treating doctor
  • 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?

  • If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. 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 Gymea Bay
  • 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 Gymea Bay
  • For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Gymea Bay

Confidentiality and legal privilege

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

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.

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.

Is this solicitor entitled to practise?

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

Giving instructions: what it means

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.

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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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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