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 Windsor 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.
Hawkesbury · Personal injury solicitors explained
You and your personal injury solicitor: a Windsor guide
Your solicitor advises and acts on your instructions. The big decisions stay yours.
Postcode: 2756
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- Helping people in Windsor & South Windsor
Dividing the work: you and your solicitor
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.
From Windsor: meetings, records and language
Out on the Hawkesbury, a city meeting is a long trip by the Richmond line or by road. Phone and video meetings are normal, and a solicitor's duties to you don't change with the format. Hospitals serving the area include Hawkesbury District Health Service and Nepean 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. Solicitors aren't licensed council by council. Whether you live in the Hawkesbury City 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
- Hawkesbury
- Postcode
- 2756
- Nearest public hospital
- Hawkesbury District Health Service
- Local government area
- Hawkesbury City Council
Is engaging a solicitor the right step yet?
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
- An offer has arrived and you want advice before you decide
- You started the claim yourself and it has become hard to manage
- The other side's insurer disputes what happened
- The insurer wants statements or documents and you're unsure what to give
You may not need one
- What you mainly need is medical help or a new treating doctor
- You're managing your own claim comfortably and it's on track
- 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?
- 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 Windsor
- If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Windsor
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Windsor
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
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?
Who decides what on your claim
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.
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.
Is this solicitor entitled to practise?
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
What you tell your solicitor, and who else sees it
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.
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.
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.
Frequently asked questions
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.
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.
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.
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.
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.
Personal injury solicitor: suburbs near Windsor
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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.