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When Should I seek the Assistance of a Lawyer for my CTP Claim NSW (accident after 1 December 2017)

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 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 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 – https://www.sira.nsw.gov.au/

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.

Matthew Garling

Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.

Zee
14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and Co.read more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
READ ALL TESTIMONIALS

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Zee
14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and Co.read more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable support.read more
Moussa I.
14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co team.read more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful
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