Newcastle & the Hunter · Personal injury solicitors explained

Personal injury solicitors explained for people in Stockton

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

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 Stockton 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.

Postcode: 2295

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Your solicitor's job, and what stays with you

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.

Who's who in legal help

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?

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

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.

Stockton and the solicitor relationship

John Hunter Hospital, Calvary Mater Newcastle, Maitland Hospital or Belmont Hospital may hold your records. Your solicitor generally needs your written authority before requesting them. Solicitors aren't licensed council by council. Whether you live in the City of Newcastle area or across the state, the same professional rules apply to any NSW solicitor, and their practising certificate can be checked the same way.

Region
Newcastle & the Hunter
Postcode
2295
Nearest public hospital
Calvary Mater Newcastle
Local government area
City of Newcastle

A solicitor for your claim: needed or not?

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 already have a solicitor, but the relationship has broken down
  • The other side's insurer disputes what happened
  • You need formal advice on a decision the insurer has made about you
  • Your injury is serious and the claim is likely to run for a long time

You may not need one

  • Your injury has healed and your benefits have been paid
  • You only want a general explanation of how the scheme works
  • You want help reading a form, not help challenging a decision

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?

  • 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 Stockton
  • 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 Stockton
  • 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 Stockton

Who decides what on your claim

'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

Words like 'expert' on a website are marketing, not formal titles. 'Accredited specialist' is a formal title. If a solicitor uses it, you can ask which area of law it covers.

Read next:Do I need a lawyer? Quick check

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.

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

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.

Complaints, and where they go

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.

Two people talking through paperwork across a desk in a bright office

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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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