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 Parklea can start with our free claim check, and many claims never need a solicitor at all.
Blacktown & Mount Druitt · Personal injury solicitors explained
Working with a personal injury solicitor from Parklea
What a solicitor does, what stays with you, and how to check who you're dealing with.
Postcode: 2768
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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 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.
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?
Checking a solicitor's practising certificate
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
From Parklea: meetings, records and language
Tell your solicitor whether Blacktown Hospital, Mount Druitt Hospital or Westmead Hospital treated you, and when, so the right records can be requested with your authority. Living in the Blacktown City Council area places no limit on which NSW solicitor you use. What counts is that they hold a current practising certificate and deal with motor accident claims, wherever they happen to be based.
- Region
- Blacktown & Mount Druitt
- Postcode
- 2768
- Nearest public hospital
- Blacktown Hospital
- Local government area
- Blacktown City 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 would rather someone else dealt with the insurer for you
- An offer has arrived and you want advice before you decide
- Your injury is serious and the claim is likely to run for a long time
- You need formal advice on a decision the insurer has made about you
You may not need one
- What you mainly need is medical help or a new treating doctor
- Your injury has healed and your benefits have been paid
- You're managing your own claim comfortably and it's on track
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?
- Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and we 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 Parklea
- 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 Parklea
- 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 Parklea
What 'accredited specialist' means
'Accredited specialist' is a title with a specific meaning in NSW. The Law Society of NSW grants it to solicitors who have shown substantial experience in one area of law and passed the scheme's assessment. Personal injury is one of the areas covered. The title is optional: a solicitor doesn't need it to handle injury claims, and plenty of experienced ones don't hold it.
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.
You instruct, your solicitor advises
'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.
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.
Keeping your information confidential
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
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.
Moving your claim to someone else
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.
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.
Free claim check
Free claim check, no obligation to instruct
We'll look at where your claim is up to and tell you whether a solicitor would help. Many claims don't need one.
Frequently asked questions
Solicitors in NSW practise under the Legal Profession Uniform Law, which sets professional and ethical rules. The Law Society of NSW issues practising certificates and oversees standards, and the Office of the NSW Legal Services Commissioner receives complaints about lawyers. Solicitors also owe duties to the court. In practice, rules about honesty, confidentiality, conflicts and costs disclosure generally apply to any solicitor you work with.
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.
It depends on the stage. Some weeks are busy; others are quiet while the solicitor waits on medical reports or the insurer. A reasonable arrangement is one you agree at the start: how you'll be contacted, roughly how often, and who covers when your usual contact is away. If a long silence worries you, ask. Solicitors are generally expected to give clear and timely advice as a matter progresses.
In NSW, solicitors need a current practising certificate, issued by the Law Society of NSW. You can generally confirm that a solicitor holds one by searching the Law Society's online Register of Solicitors using their full name. If they don't appear, check the spelling or ask them how they're registered. It only takes a few minutes, and it's reasonable to check before you sign anything.
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.
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 Parklea
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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.