Do I need a lawyer to make a TPD claim?

Quick answer

There’s no legal obligation to use a lawyer, but it’s always a good idea to speak to an experienced TPD lawyer before starting your claim. While some TPD cases are straightforward, others are more complex: requiring detailed evidence and policy interpretation. An expert lawyer knows the difference and can explain the best strategy for getting your claim approved.

When you work with a lawyer, they handle everything: from compiling strong evidence and filing paperwork on time, to negotiating with the super fund or insurer.

Below, we take you through all the ways a lawyer can help with your TPD claim. If you prefer to speak with a lawyer now, call us today for your free consultation. Our TPD team are always on standby to discuss your claim.

In depth answer

While you can file a claim on your own, it’s important to know that TPD is a complex area of law. Without strong legal advice, you may not receive your full benefit.

A specialist TPD lawyer can help with every aspect of your case, including:

Delay

Super funds and insurers often dismiss claimants without lawyers, using unfair tactics to delay or even outright deny their claims. As experienced TPD lawyers, we not only understand these tactics, but we know how to get around them. This means we often get claims processed and approved faster.

Medical evidence

Super funds and insurers do not have to rely on evidence from your doctors, physios and other experts — they can have you tested by their own specialists. Not only is this inconvenient and potentially traumatic, but using their own evidence can mean a fund or insurer is more likely to reject your claim. To prevent this, your lawyer will ensure you only undergo legally-required tests. We will also challenge all your fund or insurer’s evidence, giving your claim the greatest chance of success.

Policy interpretation

Your TPD policy is a contract, which means it’s open to interpretation. That’s why it’s crucial to have a lawyer who specialises in interpreting TPD policies and is up-to-date on the latest court decisions. As an example, different TPD policies have different definitions of ‘permanently disabled’. While some definitions are narrow, others are much wider. An expert lawyer will unpack the details of your policy and prepare a case that fits within its definition of TPD.

Fixed fees and our No Win No Fee guarantee

Most law firms only provide a quote upfront, meaning you won’t know exactly how much they charge until after your case is resolved. But at Monaco, we believe you deserve financial peace of mind — that’s why we offer fixed fees on all TPD claims. You’ll receive an exact breakdown of all our costs before we start work on your claim. No hidden costs, no last-minute surprises.

In addition, your claim is covered by our No Win No Fee guarantee. We cover every upfront cost, including expert reports and tests, so you’re never out-of-pocket during your claim. When we successfully resolve your case, you’ll only pay the pre-agreed fees. On the off chance we don’t win, you’ll have absolutely nothing to pay.

To find out more, check out our complete guide to TPD claim fees.

Additional claims and benefits

As part of our comprehensive service, we always find your additional claims and entitlements. On top of your TPD claim, you may be entitled to:

  • Workers compensation: If your injury or illness happened at (or because of) work, you may also have a workers compensation claim. You may be entitled to payments covering lost wages and medical costs. For severe injuries or illnesses, you could also receive an extra lump sum payment.
  • Common law damages: If you were injured because your employer failed look out for your safety and wellbeing, you may be eligible for common law damages. You could receive substantial, lump sum compensation.
  • Public liability: If your injury or illness was caused by someone else’s negligence, you could have a public liability claim. A successful claim means you’ll receive a lump sum payment covering lost wages and medical expenses. Depending on how severely you’re injured, you may also receive compensation for your pain and suffering.

Making multiple claims can significantly boost your compensation and ensures you receive the maximum total payout for your injuries. Before starting work, your lawyer will always look into all your entitlements and discuss any possible additional claims with you.

What if my claim has already been rejected?

Unfortunately, in some cases, the insurer or super fund may reject your TPD claim. The good news is, you’re entitled to lodge an appeal and try to get their decision overturned. While this process can be complex, our detailed guide to rejected TPD claims makes it simple for you.

Before starting your appeal, we strongly advise speaking to a specialist TPD lawyer — even if you made your initial claim alone. The appeals process is both long and complex, and it’s crucial to have an expert by your side.

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