The Hills · Personal injury solicitors explained

Hillside: how to check a personal injury solicitor

Solicitors are regulated professionals. Here's how that protects you, in plain terms.

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 Hillside 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: 2157

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  • By phone & online, no office to visit
  • Helping people in Hillside & Glenorie

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

  • Keeping your own copies of letters and records
  • 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.

Solicitor, lawyer or barrister?

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?

How to check who you're dealing with

Checking credentials takes a few minutes. Confirm the solicitor's full name, then look them up on the Law Society of NSW register to see that their practising certificate is current. If someone else in the practice will do much of the work, you can ask who will supervise your file and look that person up too. None of this is rude; it's ordinary care with any professional.

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

Hillside and the solicitor relationship

Sydney Metro North West and the T-way buses link the Hills with Parramatta and the city. Even so, most instructions can be given by phone or video, so travel needn't decide anything. Solicitors aren't licensed council by council. Whether you live in The Hills Shire Council area or across the state, the same professional rules apply to any NSW solicitor, and their practising certificate can be checked the same way.

Region
The Hills
Postcode
2157
Local government area
The Hills Shire Council
Transport in the region
Sydney Metro North West (Rouse Hill, Kellyville, Bella Vista, Norwest, Hills Showground, Castle Hill, Cherrybrook) · North-West T-way buses along Old Windsor Road

Is engaging a solicitor the right step yet?

Not sure whether you're ready to instruct a solicitor? Look at what has happened in your claim so far. These lists sum up when it tends to be worth it and when it usually isn't.

Often worth talking to a lawyer

  • The insurer wants statements or documents and you're unsure what to give
  • You need formal advice on a decision the insurer has made about you
  • Your injury is serious and the claim is likely to run for a long time
  • The other side's insurer disputes what happened

You may not need one

  • You only want a general explanation of how the scheme works
  • SIRA's free CTP Legal Advisory Service can answer your statutory benefits question
  • You want help reading a form, not help challenging a decision

If your question is only about statutory benefits, SIRA's free CTP Legal Advisory Service may answer it before you instruct anyone. Call CTP Assist on 1300 656 919 to be put through. Do I need a lawyer?

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
  • 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 Hillside
  • 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 Hillside
  • For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Hillside

What 'accredited specialist' means

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.

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.

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.

Changing solicitors

If you're thinking about moving to another solicitor, first tell your current one what isn't working. Sometimes one frank conversation fixes it. If not, you are generally free to go. The new solicitor will usually handle the transfer of the file. Keep your own copies of key letters throughout, so a change never leaves you without the basic information about your claim.

Confidentiality and legal privilege

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.

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.

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