Goulburn & Southern Tablelands · Personal injury solicitors explained

You and your personal injury solicitor: a Lake Bathurst guide

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

You can ask a solicitor questions, disagree with their advice and, if it comes to it, move to another solicitor. Those rights often go unspoken. This guide sets them out for people in Lake Bathurst who were hurt on the road and are working with, or thinking about, a personal injury solicitor. Start with a free claim check if you're not sure you need one.

Postcode: 2580

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Your solicitor's job, and what stays with you

Working with a solicitor is a partnership with clear roles. Your solicitor brings legal knowledge and handles the formal work. You keep control of your treatment, your information and the decisions that matter most. Here is how that generally divides.

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.

Working with a solicitor from Lake Bathurst

The ACT has its own scheme. If the crash happened over the border, make sure your solicitor knows at the outset, because different rules generally apply there. Your solicitor will want a list of everywhere you were treated, starting with Goulburn Base Hospital 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. Solicitors aren't licensed council by council. Whether you live in the Goulburn Mulwaree 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
Goulburn & Southern Tablelands
Postcode
2580
Public hospital in the region
Goulburn Base Hospital
Local government area
Goulburn Mulwaree Council

Do you need a personal injury solicitor?

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

  • You need formal advice on a decision the insurer has made about you
  • You already have a solicitor, but the relationship has broken down
  • The other side's insurer disputes what happened
  • Your injury is serious and the claim is likely to run for a long time

You may not need one

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

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

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

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.

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.

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.

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

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.

Is this solicitor entitled to practise?

A practising certificate is, in effect, the licence a solicitor needs to provide legal services. In NSW the Law Society of NSW issues them, and you can generally search its online register to confirm a solicitor holds a current one. If you can't find someone, check the spelling, ask them for their full registered name, or contact the Law Society.

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

Concerns about a solicitor

If you believe a solicitor has acted improperly or charged unfairly, you can generally take it to the NSW Legal Services Commissioner. Before that, put your concern in writing to the solicitor and give them a chance to respond. Keep copies of everything. Changing solicitors and making a complaint are separate steps; you can take one without the other.

Frequently asked questions

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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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