Frequently
Asked Questions

Personal injury

• How long do I have to make a personal injury claim in Australia?

  Australian personal injury claim time limits vary by state and claim type. In general, claims must be lodged within 3 years of the injury (or its diagnosis) for most adults, but specific schemes (including motor accidents and workers' compensation) have much shorter notification windows, often as short as 28 days.

TPD

• What is a TPD claim?

  A Total and Permanent Disability (TPD) claim is a request for the lump-sum insurance benefit attached to your superannuation, payable when an illness or injury permanently prevents you from working in your usual occupation (or, depending on the policy wording, in any occupation you're suited to).

• Can I claim TPD if I have multiple super funds?

  Yes. Most people who have held multiple super accounts over their working life have multiple TPD policies, each payable independently. Each fund needs to be claimed against separately, and the policy definitions may differ between funds.

Fees & no win, no fee

• How much does a personal injury lawyer cost?

  Most Australian plaintiff personal injury and TPD lawyers, including Tae & Partners, work on a no win, no fee basis. You pay nothing up-front and nothing if the claim doesn't succeed. If it does succeed, fees are paid out of the recovery, usually as an agreed percentage capped by the relevant state's costs scheme.

• What does 'no win, no fee' actually mean?

  No win, no fee (conditional costs agreement) means the law firm only gets paid its professional fees if your claim succeeds. If you lose, you don't pay legal fees. Disbursements (court fees, medical reports, expert opinions) are sometimes also waived, but not always. Check the costs agreement.