A solicitor is a regulated professional with duties to you and to the court. Knowing what those duties are, and what you can expect in return, makes the relationship easier from the first call. For people in Mount Tomah hurt on the road, this is a plain guide to working with a personal injury solicitor: checking them, instructing them, and what to do if something isn't right.
Blue Mountains · Personal injury solicitors explained
You and your personal injury solicitor: a Mount Tomah guide
Your solicitor advises and acts on your instructions. The big decisions stay yours.
Postcode: 2758
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- By phone & online, no office to visit
- Helping people in Mount Tomah & Bilpin
Who does what on your claim
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.
Instructing a solicitor from Mount Tomah
The Blue Mountains Line makes the city a long ride. Most solicitors are used to clients who give instructions by phone, email and video, so ask which of those they offer. Hospitals serving the area include Blue Mountains District ANZAC Memorial Hospital and Springwood Hospital. Chasing records from them is usually the solicitor's job. Turning up for treatment, and telling your solicitor about any new referral or diagnosis, stays with you. The Blue Mountains City 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
- Blue Mountains
- Postcode
- 2758
- Public hospital in the region
- Blue Mountains District ANZAC Memorial Hospital
- Local government area
- Blue Mountains City Council
Do you need a personal injury solicitor?
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
- You already have a solicitor, but the relationship has broken down
- You started the claim yourself and it has become hard to manage
- 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 only want a general explanation of how the scheme works
- You want help reading a form, not help challenging a decision
- SIRA's free CTP Legal Advisory Service can answer your statutory benefits question
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 Mount Tomah
- If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Mount Tomah
- To see how a solicitor generally runs a CTP claim from start to finish, stage by stage, turn to the car accident solicitor page. Car accident solicitor in Mount Tomah
Free claim check
Free claim check, no obligation to instruct
Call (02) 7238 7379 or request a callback. If a solicitor fits your case, we'll connect you with an independent one.
Solicitor, lawyer or barrister?
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 you tell your solicitor, and who else sees it
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.
You instruct, your solicitor advises
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.
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.
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
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
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.
Concerns about a solicitor
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.
Frequently asked questions
A conflict can arise where a solicitor's duty to you clashes with a duty to someone else, or with their own interests. One example is acting for two people from the same crash whose interests may pull in different directions. Solicitors generally must avoid acting where there's a conflict, or manage it within strict rules. If you're worried about one, ask the solicitor directly; they should explain.
A solicitor works directly with you: advising, dealing with the insurer, preparing documents and running the claim. A barrister is a lawyer who focuses mainly on advocacy at hearings and on advice about particular issues, and is usually engaged by your solicitor rather than by you directly. Most motor accident claims are handled by a solicitor alone. Where a barrister is involved, your solicitor generally stays your main contact.
Generally, yes. If the relationship isn't working, you can move your claim to another solicitor, who will usually arrange for the file to be transferred. Your first solicitor may be entitled to payment for work already done, depending on the agreement you signed, so ask how that will be handled before you switch. It's often worth raising your concerns directly first, because many problems can be fixed.
Probably not. Most motor accident claims are resolved without a barrister, through dealings with the insurer and, where needed, the Personal Injury Commission. A solicitor may brief a barrister for a hearing, a complex legal question or court proceedings. If that's suggested, ask why, what the barrister will do and how it affects what you'll pay, so you can give an informed instruction.
It means telling your solicitor what you want done. Your solicitor advises on the options and their risks; you decide. Some instructions are big, such as whether to accept an offer or challenge a decision. Others are everyday, like how you want to be contacted. Your solicitor acts on your instructions, within the law and their professional duties, and should tell you if they can't follow one.
Start by putting your concern in writing to the solicitor or the principal of their practice; many problems are resolved that way. If not, complaints about NSW lawyers generally go to the Office of the NSW Legal Services Commissioner, which deals with conduct complaints and disputes about legal costs. Time limits can apply to costs disputes. Complaints about how a CTP insurer has treated you are a separate matter for a different body.
Personal injury solicitor: suburbs near Mount Tomah
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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.