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When Should I seek the Assistance of a Lawyer for my CTP Claim NSW

This means that lawyers cannot be paid or recover legal costs for providing advice on certain matters in CTP green slip claims. A lawyer is not required initially following injuries sustained in a motor vehicle accident.

The new CTP green slip scheme came into effect on 1 December 2017 and new laws were introduced which restricts lawyers from receiving payment for certain services and regulates how much a lawyer can charge for other types of services.

This guide covers the CTP changes and when you should seek the Assistance of a Lawyer for a CTP Claim in NSW.

 

 

Recent CTP changes

The reform will allow all injured motorists, regardless of who was at fault, to obtain benefits for loss of income, medical expenses, and commercial attendant care for a period of 6 months similar to the current workers’ compensation scheme.

Not at Fault Moderate Injury (less than 11% WPI)

If the injured person was not at fault and has suffered moderate injuries reflected in a whole person impairment (WPI) of 11% or less they will be entitled to two years of weekly income benefits and payment of medical expenses and attendant care needs, much the same as the current workers’ compensation scheme. If the injured motorist requires assistance after the two year cut off they can make a common law claim for past and future economic loss. The maximum period such injured motorists can receive weekly benefits will be 3 years.

A common law claim, if made within 3 years will allow payments for past and future loss of income only. Once the common law claim settles no further weekly benefits will be paid. Medical expenses and care needs will however continue to be paid, if reasonably necessary.

Not At Fault Serious Injury (WPI 11% or greater)

Seriously injured motorists with a WPI of 11% or greater will receive the same benefits as moderately injured motorists. However, in addition to these benefits, a seriously injured person who pursues a common law claim will be entitled to up to 5 years weekly income payments until their common law claim settles. They may be able to receive medical expenses benefits, as well as commercial attendant care benefits for life.

Within 3 years of the accident seriously injured motorist can make a common law claim for compensation in relation to past and future loss and non-economic loss for pain and suffering. The idea behind the reform is to make benefits available quickly in order to reduce financial hardship and allow injured motorists to concentrate on their recovery and getting back to their pre-injury life style.

The new CTP reform is set to save NSW motorists approximately $120 off their Green Slip, and it is expected that on average premiums will drop from $650 to $528 in NSW. This is a win overall as it will not only benefit motorists but also reduce the super profit that insurers boasted prior to this reform.

How To Make An Application

The injured person is required to make an Application for Personal Injury Benefits. To do so, an Application for Personal Injury Benefits is made through the State Insurance Regulatory Authority website, known as SIRA.
You need to make an application for personal injury benefits before seeing a Lawyer.
Once the claim is made a lawyer can assist with the matters below.

Statutory Benefits Scheme

You will need to see a lawyer in relation to ongoing benefits you may have under the statutory benefits scheme if an insurer decides about the following: –

  1. The motor accident was caused wholly or mostly by the fault of the person claiming statutory benefits; or
  2. The person claiming statutory benefits injuries arising from the motor accident were minor injuries.

If the insurer decides that the accident was your fault or that you have contributory negligence of greater than 61% or that your injuries were minor injuries, then you are not entitled to receive weekly payments and medical expenses beyond 26 weeks.

This decision must be made in writing and usually is made at about 3 months after the accident.

You can challenge this decision through the Dispute Resolution Service (DRS) and will need the assistance of a lawyer.

This is the time when you need to consult with an accredited specialist in personal injury law to determine if you can receive statutory benefits for greater than 26 weeks.

Common Law Claim

A claim for compensation for common law damages can only be made if the insurer agrees the following: –

  1. The motor accident was caused wholly or mostly by the fault of the other driver; or
  2. That your injuries from the motor vehicle accident are more than a “minor injury”.

A claim for common law damages entitles you to claim an amount for the following: –

  1. Non-Economic loss – pain and suffering, that is loss of enjoyment of life as long as your whole person impairment exceeds 10%.
  2. Economic loss – compensation for loss of income including:-
    1. Past loss of earning.
    2. Future loss of earnings.
    3. Future deprivation or impairment of earning capacity
    4. Loss of superannuation.
    5. Damages for costs relating to accommodation or travel incurred as a result of the injury.
    6. Damages for the cost of the financial management for any damages that are awarded.

Non-Economic Loss

To make a common law claim for non-economic loss, that is pain and suffering, loss of amenities of life and reduced life expectancy you need to establish the following:-

  • That the accident was caused by the fault of the other driver.
  • That you have more than a “minor injury”.
  • That you have a whole person impairment greater than 11%.

Economic Loss

To make a claim for common law damages for past and future loss of income or deprivation or impairment of future earning capacity you must establish the following: –

  • That the accident was caused by the fault of the other driver.
  • That you have more than a “minor injury”.

You will need the assistance of an accredited specialist in personal injury law to assist you to obtain the necessary medical and other evidence to make a common law claim for damages.

You must make a claim for common law damages within 3 years from the date of the accident.

To assist you in making a common law claim for damages, the insurer is required to pay legal costs in accordance with Schedule 1 of the Motor Accidents Injuries Regulation 2017. Schedule 1 allows an amount of legal costs to be paid by the insurer based on the amount of compensation you receive and the stage at which your claim is resolved.

The costs paid by the insurer however generally do not cover the total costs and disbursements incurred in preparing your claim. Your lawyer can charge legal costs and disbursements over and above those required to be paid by the insurer under Schedule 1. This must be agreed between you and your lawyer. Any legal costs paid over and above that contained in Schedule 1 are paid at the conclusion of the claim and are paid from the damages you receive.

You should always seek the advice of an Accredited Specialist in Personal Injury Law.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
READ ALL TESTIMONIALS

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Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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