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Do I need a lawyer for a TPD claim?


The insurance in your superannuation is there to ensure that if you are no longer able to work due to injury or illness, you can access much needed funds to cover living expenses and be compensated for all the medical costs and bills that arise to help with your recovery.  

During your time off work you have enough to worry about, let alone trying to understand the claims process and fill out the forms and evidence needed for your claim for Total Permanent Disability (TPD) benefits.

Do I need a lawyer for a TPD claim?

The short answer is no. But there are many reasons why you should consider engaging the help of a lawyer to lodge your claim. You can try to lodge your claim yourself, but the insurance industry is notorious for making the process very hard, with a lot of hoops to jump through along the way.

You should always keep in mind that insurance companies and super funds use lawyers to provide them with advice about the best way to deal with your claim – so its beneficial to have a lawyer on your side.  

Benefits of a lawyer running your TPD claim

1. There is no universal definition of TPD in Australia

The interests of the insurer are very different to yours. Super funds and their insurers all have differing definitions of TPD which makes it more difficult to understand what is required to access your rightful entitlements. Shine’s practice leader Melissa O’Neill has voiced her opinion surrounding the ever changing landscape of the TPD definition in another blog post you can read here.

2. Shine Lawyers super claim experts can advise from the outset if your claim will be viable

Our experienced lawyers have dealt with many different super funds and know exactly what evidence and documentation needs to be gathered to support your claim. We understand what can and can’t be included in a claim and this puts us in a good place to have your claim accepted and paid out quickly.

3. Your lawyer will help you understand your rights and fight to protect them

Your expert lawyer will take you through all the insurance jargon in your policy to ensure that you understand your rights to making a claim. We know what entitlements you can claim and ensure your claim includes these.

A large number of TPD claims are denied by insurers and you may not be aware of your right to challenge this rejection. Having a lawyer on your side can aid in having your claim accepted first time around.

4. Managing the paperwork needed for your claim can be overwhelming

If you need to make a super claim due to injury or illness, your main focus should be on your recovery and getting your life back on track. This can take a lot of time, physical energy and mental stamina. Gathering all the paperwork and evidence you need to support your claim just adds to that pressure. Your legal team will manage the numerous forms and paperwork associated with your claim and most importantly, they will ensure that all TPD claim time limitations are met.

5. Your TPD claim may need to go to court

We will strive to keep your claim out of court where possible, however there are times when your claim will need to go before a court in order for it to be settled. Going to court can be daunting for anyone, however your lawyer will be with you every step of the way if your claim does end up before a court.

How much do lawyers charge for TPD claims?

A different question to consider here is, in the long run will hiring a lawyer save me time and money? Your time and energy will be better spent looking after your injuries and obtaining the assistance you require to get your life back on track.

Running a TPD claim comes under our No Win No Fee guarantee which means, whilst we are managing your claim and finalising your payments there are no out of pocket costs for the work completed. You will only need to pay legal costs at the end of your settlement period out of your settlement figure.

Contact Shine Lawyers

Many people attempt to lodge their own super claims and due to the nature of the process their claims are rejected, and at times people will simply give up. The legal process can be complex, but your expert team will guide you through each step of the process and help you to understand your rights. We will do the hard work on your behalf so you can focus on your recovery; and we will strive to resolve your case as quickly as possible.

Collectively our team have come up against many super insurance companies and are well skilled in negotiating the right payouts to assist with getting your life back on track. Contact our Superannuation and Disability Insurance team today for an obligation-free discussion of your situation.

Written by Shine Lawyers. Last modified: June 9, 2020.

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