Wollongong & the Illawarra · Personal injury solicitors explained

Working with a personal injury solicitor from Port Kembla

What a solicitor does, what stays with you, and how to check who you're dealing with.

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 Port Kembla 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: 2505

  • Free claim check, no obligation
  • By phone & online, no office to visit
  • Helping people in Port Kembla & Warrawong

Dividing the work: you and your solicitor

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.

Port Kembla and the solicitor relationship

Tell your solicitor whether Wollongong Hospital or Shellharbour Hospital treated you. Requesting those records, once you've signed an authority, is generally part of their work. The Wollongong 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
Wollongong & the Illawarra
Postcode
2505
Nearest public hospital
Wollongong Hospital
Local government area
Wollongong 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

  • The insurer wants statements or documents and you're unsure what to give
  • You started the claim yourself and it has become hard to manage
  • The other side's insurer disputes what happened
  • You need formal advice on a decision the insurer has made about you

You may not need one

  • SIRA's free CTP Legal Advisory Service can answer your statutory benefits question
  • What you mainly need is medical help or a new treating doctor
  • You only want a general explanation of how the scheme works

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
  • 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 Port Kembla
  • 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 Port Kembla
  • For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Port Kembla
An older man and a younger woman working through something together on a laptop at home

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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?

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

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.

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.

If you want a different solicitor

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.

The Law Society's specialist accreditation scheme

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.

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

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

Complaints, and where they go

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

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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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