Blue Mountains · Personal injury solicitors explained

You and your personal injury solicitor: a Lapstone guide

Your solicitor advises and acts on your instructions. The big decisions stay yours.

Trust matters when someone is handling your injury claim. The reassuring part is that solicitors in NSW work under professional rules, and anyone can check that a solicitor is entitled to practise. For people in Lapstone after a crash, this guide covers what a solicitor does, what they need from you, and where to turn if the relationship breaks down.

Postcode: 2773

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Who does what on your claim

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 information, your instructions 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

  • 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.

Solicitors, barristers and 'lawyers' explained

Most people deal with only one lawyer during a motor accident claim, and that is their solicitor. The solicitor gives advice, deals with the insurer and keeps the file moving. If a claim needs a hearing or an opinion on a difficult point, the solicitor may brief a barrister, who then works alongside them. Knowing who is who tells you who to ask, and who answers for what.

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

Keeping your information confidential

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 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.

Lapstone and the solicitor relationship

From Katoomba to Springwood, it helps to know that a barrister is usually briefed by your solicitor rather than hired by you directly. If one is suggested for your claim, ask why, and what it will add to the costs. Your council, Blue Mountains City Council, has no part in a CTP claim or in regulating solicitors. Those rules are set for the whole state, which is why a solicitor's standing can be checked the same way from anywhere. With Lapstone station nearby, meeting a solicitor in person may be easy. Whether you meet face to face or by video, the same professional duties apply: they act on your instructions and keep what you tell them confidential.

Region
Blue Mountains
Postcode
2773
Local government area
Blue Mountains City Council
Getting around
Lapstone station · bus services to Penrith and Glenbrook

A solicitor for your claim: needed or not?

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

  • You would rather someone else dealt with the insurer for you
  • An offer has arrived and you want advice before you decide
  • You already have a solicitor, but the relationship has broken down
  • The other side's insurer disputes what happened

You may not need one

  • SIRA's free CTP Legal Advisory Service can answer your statutory benefits question
  • Your question is about a payment date, not your rights
  • You only want a general explanation of how the scheme works

Before you engage a solicitor, check that they hold a current practising certificate, and ask for their written costs disclosure. Both are basic steps, and a solicitor should be comfortable with either. What a CTP lawyer costs

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

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.

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.

Checking a solicitor's practising certificate

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

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

Giving instructions: what it means

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.

Complaints, and where they go

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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