Most people never see the inside of a personal injury claim until they have one. The lawyer’s work is mostly invisible: evidence gathering, correspondence, expert briefs and negotiation. This post sets out the steps in order so you know what is happening, what to expect and what the lawyer needs from you at each stage.
The short answer
A personal injury lawyer identifies the right scheme, protects the deadlines, gathers the evidence, obtains expert reports, values the claim under the rules of your state, negotiates with the insurer and, if needed, runs the court or tribunal process. You supply the facts, the records and the decisions. Most claims settle without a hearing.
Step 1: the first interview
The lawyer takes the story: what happened, when, where, who was involved, what treatment you have had and how your life has changed. They identify which scheme applies and check the deadlines, for example 3 months for NSW CTP statutory benefits (Motor Accident Injuries Act 2017 s 6.13) or 6 months for NSW workers compensation (Workplace Injury Management and Workers Compensation Act 1998 s 261). They tell you whether they will act and on what terms.
Step 2: the costs agreement
Before any work starts you receive a written costs agreement and disclosure. It sets out what No Win No Fee covers, how disbursements are handled, whether an uplift applies and what happens if the claim fails or you change lawyers. Read it, ask questions, and keep a copy. Our No Win No Fee guide lists what to ask.
Step 3: protecting deadlines and notices
The lawyer lodges or checks the statutory claim, gives any required notices and calendars the limitation period. In Queensland that includes the Notice of Accident Claim Form within 9 months or 1 month of the first consultation (MAIC) and, for other injuries, the Part 1 notice under the Personal Injuries Proceedings Act (s 9).
Step 4: gathering the evidence
Police reports, incident reports, witness statements, employer records, payslips and tax returns, and every medical record. The lawyer sends preservation requests for CCTV and obtains the insurer’s file where the rules allow. You provide authorities to release records and a timeline of events.
Step 5: liability investigation
Who was at fault and why. Site inspections, photographs, engineering or safety expert opinions where needed, and a review of the defendant’s systems: cleaning schedules, maintenance logs, training records.
Step 6: medical evidence and impairment
Once the injury stabilises, the lawyer briefs specialists for reports on diagnosis, prognosis, treatment needs and work capacity, and arranges the whole person impairment assessment where a threshold applies, such as 15% for NSW work injury damages (Workers Compensation Act 1987 s 151H). You attend examinations and describe your function honestly.
Step 7: valuing the claim
The lawyer works through the heads of damage under your state’s rules: treatment, economic loss, care, and non-economic loss where the threshold is met, for example severity of at least 15% of a most extreme case in NSW (Civil Liability Act 2002 s 16) or a significant injury in Victoria (Justice Victoria). They explain the range and the risks in writing.
Step 8: the claim and the response
The claim is served with its supporting evidence. The insurer investigates, may obtain its own medical opinions and responds on liability and amount. Correspondence at this stage is where most of the lawyer’s hours go.
Step 9: negotiation and informal settlement
Offers are exchanged, often at a settlement conference or mediation. The lawyer advises on each offer against the valuation and the risks of proceeding. You decide whether to accept. Most claims resolve here.
Step 10: proceedings
If liability or amount cannot be agreed, or a limitation period is close, the lawyer starts proceedings in the court or tribunal and manages the timetable, evidence and hearing. Even then, most claims settle before judgment.
Step 11: settlement and payment
The lawyer finalises the settlement documents, deals with statutory repayments such as Medicare, Centrelink and workers compensation payments already made, accounts to you for fees and disbursements under the costs agreement, and pays the balance. You receive a statement showing every deduction.
| Step | Who does what |
|---|---|
| Interview and costs agreement | Lawyer explains the pathway and terms; you provide the story and sign only when satisfied |
| Deadlines and notices | Lawyer lodges and calendars; you supply dates and documents promptly |
| Evidence and liability | Lawyer requests and preserves; you provide authorities, photographs and witnesses |
| Medical evidence | Lawyer briefs experts; you attend and describe function honestly |
| Valuation and negotiation | Lawyer advises in writing; you decide on offers |
| Proceedings and settlement | Lawyer runs the process and accounts for the money; you review the statement |
How long each stage takes
Clients are surprised less by the outcome than by the time it takes, so it helps to know where the months go.
The first interview, the costs agreement and the statutory lodgements happen in the first few weeks. Evidence gathering takes two to four months, mostly waiting for hospitals and employers to produce records. The medical evidence stage cannot start until the injury has stabilised, which for a fracture might be six months and for a spinal or brain injury two years or more, and expert reports then take weeks each. The claim is usually served between nine and eighteen months after the accident, and the insurer’s investigation and response take three to six months. Negotiation and mediation follow, and where proceedings are needed, court timetables add a year or more.
Two things shorten the process: consistent treatment records, because the lawyer is not chasing gaps, and quick responses to requests for documents and instructions. Two things lengthen it: a limitation period that forces proceedings before the evidence is ready, and a change of lawyer mid-claim.
What the lawyer needs from you
- Every document you receive from an insurer, employer, doctor or the other party, unopened if you prefer, but sent on promptly.
- Prompt answers to questions, because most delays in a file are waiting for instructions.
- Honesty about earlier injuries, other claims and your work history. Nothing damages a claim like a history discovered by the other side.
- Continued treatment and attendance at examinations.
- A diary of symptoms, expenses, time off and help at home, kept from the start.
Frequently asked questions
How often will I hear from my lawyer? Ask at the start. Reasonable practice is a written update at each milestone and a prompt response to your questions, and it should be in the costs agreement.
Can I change lawyers? Yes. The costs agreement sets out what is payable on transfer, usually the work done to date, and the new lawyer arranges the file transfer.
Do I have to go to court? Rarely. Most claims settle at negotiation or mediation. Proceedings are started when agreement fails or a deadline is near.
What if my lawyer says the claim is not worth pursuing? Ask for the reasons in writing. Thresholds and causation defeat some claims, and a lawyer who declines early has saved you time. A second opinion is always open to you.
This article is general information, not legal advice, checked on 26 September 2026. An enquiry with Australian Claim Helpline does not lodge a claim or pause a time limit; the claim process guide covers the same steps from your side.
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Start the free claim check Read the guide to personal injury lawyers in AustraliaGeneral information published 26 September 2026. It is not legal advice and may not reflect later changes to the law or a scheme. Check your own position with a qualified adviser.
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