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 Wahroonga can start with our free claim check, and many claims never need a solicitor at all.
Upper North Shore & Hornsby · Personal injury solicitors explained
You and your personal injury solicitor: a Wahroonga guide
Solicitors are regulated professionals. Here's how that protects you, in plain terms.
Postcode: 2076
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Wahroonga & Warrawee
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.
Wahroonga and the solicitor relationship
If Hornsby Ku-ring-gai Hospital or Royal North Shore Hospital treated you, pass the dates to your solicitor. Collecting records with your authority is part of the work you can hand over. Solicitors aren't licensed council by council. Whether you live in the Ku-ring-gai Council and Hornsby Shire Council 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
- Upper North Shore & Hornsby
- Postcode
- 2076
- Nearest public hospital
- Hornsby Ku-ring-gai Hospital
- Local government area
- Ku-ring-gai Council and Hornsby Shire 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
- You already have a solicitor, but the relationship has broken down
- The other side's insurer disputes what happened
- The insurer wants statements or documents and you're unsure what to give
- Your injury is serious and the claim is likely to run for a long time
You may not need one
- 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
- You only want a general explanation of how the scheme works
A solicitor works from your medical records, so treatment comes first. We can suggest doctors and allied health familiar with CTP, from the Certificate of Fitness to ongoing therapy.
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
- 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 Wahroonga
- 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 Wahroonga
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Wahroonga
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?
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.
Changing solicitors
If you're thinking about moving to another solicitor, first tell your current one what isn't working. Sometimes one frank conversation fixes it. If not, you are generally free to go. The new solicitor will usually handle the transfer of the file. Keep your own copies of key letters throughout, so a change never leaves you without the basic information about your claim.
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.
A solicitor can't follow an instruction to do something improper, such as mislead the insurer or hold back material they may be obliged to disclose. Their duties to the court and the law come first. That protects you as much as anyone, because a claim built on a full, honest account stands on firmer ground.
Is this solicitor entitled to practise?
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
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
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.
Concerns about a solicitor
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
Yes, within limits. Your solicitor generally can't pass on what you tell them without your consent, except where the law requires it, and some advice may also be privileged. Private isn't the same as kept out of the claim, though: medical records about your injury are normally shared with the insurer because the claim depends on them. If something in your history worries you, raise it early and ask whether it has to be disclosed.
No. Accreditation is optional, and a solicitor doesn't need it to handle a motor accident claim. What matters more is real experience with NSW CTP claims, which you can ask about directly, along with how the solicitor will keep you informed. The title is one signal among several, not a requirement, and its absence isn't a warning sign on its own.
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.
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.
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.
Personal injury solicitor: suburbs near Wahroonga
Ready to talk it through?
Get a free, no-obligation claim check. It's the first step toward understanding where your claim stands and what help it needs.
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.