Home / FAQs
Questions people ask
Ask us directlyShort, straight answers to the questions we hear most. If yours is not here, ask us directly.
Fees
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.
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.
What is whole person impairment and why does it matter?
Whole person impairment is a percentage rating of the permanent effect of an injury on your body as a whole, assessed by a doctor trained in the relevant guides. In most injury schemes it decides which heads of damage you can claim and whether you can pursue a common law claim.
What if the accident was partly my fault?
You can usually still claim. Where you contributed to the accident, the compensation is reduced by a percentage that reflects your share of the blame, called contributory negligence.
Total and permanent disability
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.
What does a TPD payout look like?
A TPD payout is a lump sum equal to the sum insured under your superannuation policy, paid into your super account once the insurer accepts the claim. There is no standard figure. The amount is set by your policy, not by the injury or illness itself.
Can I claim TPD if my condition is a mental health condition?
Yes. Total and permanent disability cover responds to any illness or injury that stops you working in a role suited to your education, training and experience, including depression, anxiety, post traumatic stress disorder and other psychiatric conditions.
Can I claim TPD if I am still working a little?
Sometimes. Many policies test whether you are unlikely ever to return to work suited to your background, and a small amount of light or supported work does not always defeat that. The wording of your particular policy decides it.
Process
What happens at a settlement conference?
A settlement conference is a without prejudice meeting between you, your lawyer and the insurer, usually with the insurer’s lawyer present, where offers pass back and forth until the claim resolves or the parties confirm they are apart. Most claims resolve at or soon after this meeting.
Will my claim go to court?
Probably not. The large majority of personal injury claims resolve by agreement before a hearing. Court proceedings are started when the insurer will not make a fair offer, and even then most matters settle before trial.
Do I have to attend the insurer’s medical examination?
Generally yes. Insurers are entitled to have you examined by a doctor of their choosing, and refusing can stall the claim. You are entitled to reasonable notice, a suitable location and, in most cases, to have the report disclosed.
General
Can you act for me if I live interstate or overseas?
Yes. TPD claims run through superannuation Australia wide and rarely need you in the room, and injury claims in Queensland and New South Wales are handled by phone, video and email as a matter of course.