LawTalk Blog

Should I see a lawyer for a CTP Claim?

woman making a call after a car crash

If you have suffered injuries in a motor vehicle accident, the process for making a CTP claim can be confusing, especially when you are trying to deal with your injuries and their impact upon your life.

Speaking with a lawyer to get advice on how to make the claim and what compensation you are entitled to is important to ensure you receive everything you are entitled to.

Here are 5 questions that are commonly asked by injured people who wish to make a CTP claim.

1. If I see a lawyer for a free interview, does that mean I have to use that lawyer for my CTP claim?

No. There is absolutely no obligation to continue using that lawyer.

This interview is an opportunity for the lawyer to find out the relevant information about your claim and to provide you with options on what you can do. After the meeting, you are not obliged to continue seeing the lawyer.

2. I am worried that the cost of seeing a lawyer will be more than my compensation.

Before a lawyer can act for you, they must provide you with a cost estimate and details of how their costs are claimed. They must also give you with advice on what costs are likely to be paid for by the insurer. That way, you can make an informed decision on whether or not you will instruct the lawyer to act for you.

3. Is there any point in consulting a lawyer for my CTP Claim? Can’t I just take the compensation that the insurer offers me?

Once your injuries are stable, the insurer will generally make an offer to resolve your claim. However, they will not take into account all of the circumstances of your injuries and how you, as an individual, have been impacted.

Generally, their initial offers don’t include adequate compensation for tasks around the house you cannot do, the future treatment you will require and how your injuries will impact your job prospects. A lawyer will investigate all of these issues and negotiate with the insurer to ensure that you are paid a fair amount according to your circumstances.

4. If I use a lawyer, does that mean I will end up going to trial?

Using a lawyer certainly does not mean that your matter will go to trial and end up in Court. A lawyer will help negotiate with the insurer to ensure you receive appropriate compensation without the need to go to trial. Your matter will only go to trial if settlement negotiations have not been able to resolve the matter.

5. When should I see a lawyer for my CTP Claim?

It is a good idea to contact a lawyer after you have seen your doctor and know what your injuries are. At that stage, the lawyer can answer questions like whether you can make a claim for compensation, how you submit a claim to the insurer and what things the insurer is likely to pay for.

Depending on the severity of your injuries and circumstances of the accident, the lawyer may suggest that you get them involved straight away or come back at a later stage.

In any event, you should always see a lawyer before accepting an offer from the insurer.

 

If your CTP claim has not been resolved before the 3-year anniversary of the accident, you must file proceedings in Court to protect your claim. Failure to do this may result in you not being able to receive compensation.

It’s important to note that there are certain requirements that must be done in the months leading up to the anniversary. If you do not already have a lawyer at this point, you should contact one around 2.5 years after the accident. 

 

If you have been injured in a motor vehicle accident and are considering making a CTP claim, our Personal Injury team are here to help you navigate the process. Contact us today to speak with a lawyer about your options.

If you are on the Lifetime Support Scheme, read this blog to find out if you can make a CTP Claim.


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Get in touch with today's blog writer:
Sarah Vinall

Partner in Personal Injury  and  Medical Negligence

Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to Australian Federal and South Australian legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.


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