When you are planning to start your TPD (Total and Permanent Disability) claim, you probably would be wondering how much lawyers charge for TPD claims. Here we take a look at the usual variations of how lawyers charge for TPD claims and the 3 most important things to know before proceeding with a TPD lawyer for your TPD claim.
There is no doubt that we believe using a TPD lawyer to act on your behalf in making a successful TPD claim is important however as is commonly said, the devil is in the detail! We of course recommend using a TPD lawyer, when making a TPD claim given the high eligibility threshold and evidence required to meet your policy for your TPD claim to be approved.
The first thing you need to know and consider before engaging a lawyer to manage your TPD claim is asking them to explain, clearly their No Win No Fee policy. Some lawyers offer a No Win No Fee policy however when you look at the detail, you quickly notice, that if you are not successful then you may be required to cover the costs of disbursements such as medical reports etc. On the flipside, our lawyers cover the costs of the disbursements required in your claim, win or lose. That will hopefully prevent you from receiving a nasty surprise.
Another important thing you need to know, making it our second most important thing to know is, how much exactly will your TPD lawyer charge for the usual process, being from taking instructions from you until a decision is made from the superfund. The reason why that is so important is because in TPD, unlike many other areas of law, your TPD lawyer should know how much work will be required, until a decision is made. What you want, is to be charged what you either agreed to by way of a fixed fee agreement or the estimate provided to you at the start being the same amount you were charged upon successful completion. That is of course provided the process was as expected and as usual which is most of the time.
The third most important thing, in our view, to know, before proceeding with a TPD lawyer for your TPD claim is scope of work. It should be made clear what scope of work, which is what work you can expect from your TPD lawyer to be done, during the TPD claims process. It is important you know the level of work you can rely upon your TPD lawyer in doing when acting on your behalf for a TPD claim.
Who is eligible for a TPD claim?
TPD claims can be made regardless of the injury or illness type, depending on the policy as some have exclusions, but they may not be payable if the person is able to work for another job that they are suited to by education, training or experience.
Who needs a lawyer for a TPD claim?
Technically, anyone can make a TPD claim with or without a lawyer; however, it is important to recognise that making a TPD claim requires dealing with a representative from the insurer and superfund, who have years of experience on the eligibility, process and exclusions.
When you are injured or ill, you might want to rest and focus on your recovery. Due to this reason, communicating with any insurer can be a daunting experience in the best of times. Many people use the services of TPD lawyers to manage their claim(s) on their behalf to avoid being overwhelmed. So, the answer would be anyone who is not experienced in making a TPD claim needs a TPD lawyer.
How can a lawyer help me?
Our TPD lawyers deal with straightforward and complex TPD matters daily and are familiar with communicating with insurers and lawyers. We understand the process involved to make a successful claim including the evidence and information required to get your claim approved in the shortest period of time, and with the least stress to you.
We ensure that you have the best chance at having your TPD claim approved, and if you don’t, we will simply tell you how to challenge their decision and the prospects of challenging that decision.
Can I make more than one claim if I have multiple TPD Insurance cover?
If you have multiple superannuation funds, with active TPD insurance, you may make multiple TPD claims. In that case, you will need to deal with multiple insurers. Each claim and each fund have its own policy so the eligibility requirements can be different depending on superfunds.
When is the best time to get a lawyer involved in my TPD claim?
Ideally, you might want to get an experienced TPD lawyer involved in your claim before you lodge your claim who will advise you on the policy, your eligibility and what evidence you require to increase your chances of receiving an accepted claim. If you’ve lodged your claim by yourself and you need help, you may start working with a lawyer at any step of your claim, including if your claim gets refused.
What affects the TPD claim costs?
TPD claims costs can change according to the years of experience of the solicitor as far as professional fees are concerned. As for the other TPD claim costs that depends on how much evidence will be required in your claim such as medical reports. Even though lowering the TPD claim cost is understandable, the evidence may be what is required for your TPD claim to be approved in the first place.
As an example, logically, you may want to pay $2,000 more to receive $20,000 in a shorter period of time.
How do I make a TPD insurance claim?
Each TPD claim requirement changes from policy to policy and what your circumstances are that may apply to that policy. Here are general processes involved that may apply depending on the policy. Usually it involves:
Contacting your superannuation fund(s) and requesting your superannuation insurance policy, terms and conditions.
If your superannuation fund(s) policy does contain TPD insurance, look into whether you are eligible for a TPD payout based on your cover, personal circumstances, policy definitions and eligibility criteria.
Collect medical evidence that supports you are permanently unable to work in a field that you are suited by education, training or experience or any other occupation, depending on the eligibility criteria in the policy.
Your evidence to support your claim includes but is not limited to medical reports from treating doctors, payslips, tax returns and sometimes clinical notes.
How much of a TPD insurance payout can I receive?
The TPD insurance payout amounts depend on the type of your insurance cover. Generally, TPD insurance payouts are between $40,000 and $350,000, with a significant number of payouts being over $100,000.
In order to know your TPD insurance entitlements (including TPD payout, income protection, accident and trauma or life insurance benefits), you can reach our lawyers for a free claim check.
How long will my TPD payout claim take?
All TPD cases are unique but generally, a TPD payout can be received approximately six months to one year from the date of lodgement. That’s when experienced TPD lawyers make the difference. They can make sure that all information is provided, and the application is made correctly to have the claim accepted.
Can I work after receiving a TPD payout?
Although this may seem like an irrelevant question given the criteria to claim let alone receive a TPD payout is significant, we do see this question come up.
Even though the main criteria of TPD is that you are medically unable to work and most people unfortunately who claim TPD never return to work, there is nothing that prevents you from returning to work if you get better enough to work.
We have seen resilient clients’ whereby they went through medical treatment, including cancer sufferers, or through looking at another type of work have bounced back and started working again.
Does a TPD claim affect Centrelink?
Yes, it may affect your Centrelink payments depending on what you do with the TPD payment, such as using it towards your mortgage, paying expenses etc. otherwise it will be scaled upon Centrelink’s Income & Assets Test. This area can be complex, please contact our TPD lawyers for more information.
How do Withstand Lawyers charge for TPD claims?
No surprise costs at Withstand Lawyers
Our cost agreement outlines all the details clearly that will not cause any extra fees. You will be fully aware of what you will be paying in legal fees, and disbursements, which are only payable upon successful completion, from the TPD payout.
Regardless of where you were injured, or the type of injury or illness you suffered, our TPD Lawyers can help you. Once you reach us, our team will assess your situation in the best manner and guide you to achieve the best TPD payout during a 100% free claim assessment.
When you decide to work with us, we will help you on a no win no fee basis, meaning that we will not charge you unless your claim is approved. Furthermore, our TPD lawyers will pay for associated costs such as medical reports and third-party documents that are required to support making your claim upfront. Such legal costs will be recovered from you after your lump sum payment upon being approved by the insurer.
In terms of fees, we take pride in charging only what we agreed from the start given our extensive experience our fees do not change.
Whilst each TPD claim is different, the usual fees lawyers charge for TPD claims range anywhere between $5,000 – $15,000. Our TPD lawyers provide our clients’ with disclosure of the exact costs prior to starting the TPD claim until a decision is made.
Withstand Lawyers only charge “no win no fee” for your TPD claim
At Withstand Lawyers, we act on a “no win no fee” basis for TPD claims which means that we only get paid if your claim is successful. This ensures that you’re not left with legal bills and charges if your claim is unsuccessful.
Some law firms ask that you pay for disbursements (such as medical reports) upfront, however, Withstand Lawyers cover the costs of disbursements upfront, which means that you do not pay any money upfront for your claim and these are not payable unless your claim is successful.