Wollongong & the Illawarra · Personal injury solicitors explained

Personal injury solicitors explained for people in Unanderra

General information about the solicitor relationship in NSW, not legal advice.

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 Unanderra 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: 2526

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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.

Solicitors, barristers and 'lawyers' explained

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?

Changing solicitors

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.

Instructing a solicitor from Unanderra

The South Coast Line runs to the city, but after a crash a long ride may not suit you. You can ask your solicitor to take instructions by phone or video. Hospitals serving the area include Wollongong 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. Your council, Wollongong City 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
Wollongong & the Illawarra
Postcode
2526
Nearest public hospital
Wollongong Hospital
Local government area
Wollongong City Council

A solicitor for your claim: needed or not?

Not sure whether you're ready to instruct a solicitor? Look at what has happened in your claim so far. These lists sum up when it tends to be worth it and when it usually isn't.

Often worth talking to a lawyer

  • Your injury is serious and the claim is likely to run for a long time
  • You already have a solicitor, but the relationship has broken down
  • You would rather someone else dealt with the insurer for you
  • You started the claim yourself and it has become hard to manage

You may not need one

  • You're managing your own claim comfortably and it's on track
  • What you mainly need is medical help or a new treating doctor
  • 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?

  • 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 Unanderra
  • If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Unanderra
  • 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 Unanderra

You instruct, your solicitor advises

Your solicitor works for you, on your instructions. In practice, they explain your choices, give their advice, and then do what you decide, within the law and their professional duties. The biggest decision, whether to accept an offer to settle, belongs to you. Take the time you need, and ask for the advice in writing if that helps you think.

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.

What 'accredited specialist' means

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.

Keeping your information confidential

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.

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

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

Complaints, and where they go

Many problems with a solicitor come down to communication: calls not returned, decisions made without you, or a bill you didn't expect. Say so in writing, and be specific about what you want to change. If the problem is serious, or raising it gets nowhere, the NSW Legal Services Commissioner's office deals with complaints about lawyers' conduct and legal costs. Changing solicitors is a separate option.

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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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