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 Quirindi 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.
New England & North West · Personal injury solicitors explained
You and your personal injury solicitor: a Quirindi guide
General information about the solicitor relationship in NSW, not legal advice.
Postcode: 2343
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Who does what on your claim
People sometimes expect a solicitor to take over everything. They don't, and they shouldn't. Some tasks only you can do, and some decisions only you can make. This is a general picture of who does what.
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.
From Quirindi: meetings, records and language
Long distances on the New England and Oxley highways make phone, email and video the usual way to instruct a solicitor. Ask how often you'll hear from them, and how. If a doctor at Tamworth Hospital wrote down the crash differently from how you remember it, tell your solicitor now. A difference you raise early is much easier to deal with than one the insurer points out later. Your council, Liverpool Plains Shire 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.
- Region
- New England & North West
- Postcode
- 2343
- Nearest public hospital
- Tamworth Hospital
- Local government area
- Liverpool Plains Shire 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 other side's insurer disputes what happened
- The insurer wants statements or documents and you're unsure what to give
- You already have a solicitor, but the relationship has broken down
- You started the claim yourself and it has become hard to manage
You may not need one
- You want help reading a form, not help challenging a decision
- Your injury has healed and your benefits have been paid
- What you mainly need is medical help or a new treating doctor
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?
- 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 Quirindi
- 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 Quirindi
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Quirindi
Free claim check
Check your claim before engaging a solicitor
We'll look at where your claim is up to and tell you whether a solicitor would help. Many claims don't need one.
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?
Giving instructions: what it means
'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.
Checking a solicitor's practising certificate
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
Accredited specialists, in plain terms
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.
Confidentiality and legal privilege
Solicitors owe you a duty of confidentiality. In general, what you tell them about your claim isn't shared with others without your permission, except where the law requires it. Separately, legal professional privilege can protect certain communications made for the purpose of getting legal advice. The details are technical, so if something sensitive worries you, ask your solicitor how it would be handled.
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.
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.
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
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.
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.
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.
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.
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.
Personal injury solicitor: suburbs near Quirindi
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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.