You aren’t legally required to have a lawyer for a Total and Permanent Disability (TPD) claim, but there are situations where getting legal advice can make a real difference to your claim. If an injury or illness is preventing you from working as you used to, this article explains the benefits of seeking legal advice and what to ask a lawyer before you hire one.
How does the TPD claim process work?
In Queensland the TPD claim process includes six key steps. You can view the process in more detail in our article about How to claim TPD.
The six steps are:
- Confirm your insurance and eligibility criteria
- Gather the required documents
- Lodge your TPD claim
- The insurer investigates your claim
- Receive your claim outcome in writing
- Receive payment if your claim is accepted
Why hire a lawyer for a TPD claim?
Do I need a lawyer for a TPD claim? It’s an important question and knowing the benefits can help you make a decision. A TPD lawyer can help you present a clearer, better supported claim and take a lot of the burden off your hands.
- Get clarity from the start: A lawyer will help you get clarity on the TPD definitions in your policy and help you find any policies you may have forgotten. They will also assess whether your injury or illness is likely to meet the definition. This assists with deciding whether to pursue your claim, and Gouldson offers a free case review to help you get started.
- Strengthen your claim: When an insurer assesses your claim, they assess it on the evidence provided. A lawyer knows what evidence needs to be included and will help you gather and present medical, financial, and employment documents in the way your policy requires.
- Remove the stress of dealing with the insurer: Your TPD lawyer will take care of calls, requests and forms from the insurer while making sure these requests are reasonable.
- Keep on top of deadlines: TPD lawyers understand the strict timelines and keep track of them for you.
As well as improving the outcome of your claim, a lawyer can also take the stress out of the process, so you can focus on your recovery.
What should you ask before hiring a TPD lawyer?
Many lawyers offer a free initial consultation for TPD claims. It’s a chance for them to assess your situation and for you to ask questions. Use these questions if the lawyer doesn’t raise them first.
1. What is your experience with TPD claims?
Ask how many TPD claims the lawyer handles and whether they are familiar with your superannuation fund and policies. Hiring an expert with a strong background in this type of claim will help it run as smoothly as possible and make sure it has the best chance of success.
2. What do you think about my claim?
A good lawyer will give you an honest opinion on whether you have a strong claim and where you may face challenges. They’ll draw on their experience and the information you provide to assess the likelihood that your claim will be successful.
3. What is your fee cap?
Confirm the fee cap as some lawyers go as high as a 50% fee cap, which means a significant portion of your claim payout goes to them. At Gouldson, we don’t think that’s fair, which is why we offer a 30% fee cap (we never charge more than 30% plus outlays). You should keep the largest share of your payout, so this fee is worth checking before you hire a lawyer.
4. What do I pay if my claim isn’t successful?
Check that they offer a no win, no fee agreement. For example, if you engage us, you’re covered by our “No Win, No Fee, No Problems Guarantee” which means if you don’t win, you don’t pay our legal fees. In your free initial consultation, we assess your claim to make sure pursuing it is in your best interests.
5. Are there deadlines I should be aware of?
Your TPD lawyer should be able to explain any time limits that apply to your claim or your fund’s policy during the initial consultation.
A good lawyer should welcome your questions and be clear about their fees and the TPD claim process. If you’re thinking about pursuing a TPD claim, book a free case review for honest advice today.