Uncovering Costs: How Much Do Lawyers Charge for TPD Claims?

image of how much do lawyers charge for tpd claims
Written by Gennaro Fittipaldi 
on 27 May, 2024

One of the main concerns when instructing a law firm for your TPD claim is the legal fees. So many people ask, “How much do lawyers charge for tpd claims?”. Typically, lawyer fees could be between $5,000 to $15,000. Many legal firms will work on a ‘No Win, No Fee’ basis. In this article, we will discuss fee structures and what affects pricing to help you understand the costs associated with your claim.

Key Takeaways

  • Legal fees for TPD claims generally range from $5,000 to $15,000, varying based on case complexity and required medical evidence.
  • TPD lawyers may offer different fee structures, including No Win No Fee policies, fixed fee arrangements, or hourly rates, to accommodate the financial circumstances of their clients.
  • Choosing the right TPD lawyer entails considering their expertise, track record, and transparency in fee arrangements to ensure the best outcome for the claim.

What Are TPD Claims And Legal Fees?

Illustration of a person signing legal documents

TPD claims can be like a maze blindly. Every corner you turn there is another obstacle to overcome especially when it involves legal fees. However, an experienced TPD lawyer can be your light at the end of the tpd claim tunnel to help you achieve your tpd insurance entitlements.

It is important to understand how much do lawyers charge for TPD claims. Typically, lawyer fees range between $5,000 and $15,000, depending on factors such as the complexity of your matter and the level of medical evidence required.

The peace of mind that a capped fee structure provides cannot be understated. We at Fittipaldi Injury Lawyers proudly and strictly adhere to our policy of acting on behalf of our clients on a No Win No Fee basis. This is the foundation of our relationship with our clients as it reassures them that we have everything invested in their claim.

We know that pursuing a TPD claim can be a long and uncertain journey, so we ensure that our clients are exposed to limited financial liability. For us, our No Win, No Fee policy is not just a contractual arrangement; it is a statement of hope that we give to those we represent—a statement that we are here fighting alongside you.

The TPD claims process can be daunting, but with the right legal partner, it can be a journey that empowers you, knowing that you are in great hands.

What are TPD Claims?

At the heart of a TPD insurance claim lies the commitment to your financial support when you need it most.

TPD claims exist to assist you when you suffer a permanent medical condition and can no longer earn an income. 

However, just because you suffer a permanent medical condition does not necessarily mean that you will be entitled to a TPD claim. There are always exceptions, and it is a matter of putting together the puzzle of compelling medical evidence and the terms of your insurance policy.

The meaning of disability (and in particular permanent disability) can vary between policies and may include definitions such as ‘own occupation’ which means you must be unable to perform work in your occupation as defined to be entitled to a payout.

Keep in mind that TPD cover is generally included within your superannuation fund, and the amount of coverage you receive depends on factors such as your age and the terms of the superannuation fund itself.

Why Do I Need a TPD Lawyer?

Pursuing a TPD claim without engaging a specialist TPD lawyer is like sailing in an open sea without a compass. Specialist TPD lawyers have the expertise to interpret complex policy clauses and face the mighty waves of insurance companies to increase your chances of a successful TPD claim getting approved. 

They assist in understanding the eligibility criteria and determine if you have a valid claim without commencing the claim process.

Further, specialist TPD lawyers who have extensive experience in managing TPD claims will ensure that if they are involved from the beginning, it will simplify the process and minimise time-wasting exercises. You pay for the service, and in turn, you should only get effective legal representation.

TPD Lawyers Fee Structures

Illustration of different fee structures

It is important to understand TPD lawyers’ fee structures. Like any construction project, it is good to examine the plans before the build commences so you know what the end result will look like. Legal firms such as Aussie Injury Lawyers and Berrill & Watson generally adhere to their No Win, No Fee policy. Some even cap this at an upfront amount to provide certainty to the client of any potential legal fees.

Although, typical legal fees could be between $5,000 and $15,000. The certainty of knowing this cost upfront can remove a lot of the stress involved in a TPD claim.

Some lawyers may charge their fees as a percentage of any tpd payout or by the number of hours they spend working on your claim. These are additional factors to consider when selecting your TPD lawyer.

Fixed Fee Structures

Don’t you hate it when you go in to get a service and are completely oblivious to the total cost until it’s all done? Fixed fee structures in TPD claims are the complete opposite.

They provide certainty and give you peace of mind, knowing that your legal fees won’t escalate as your matter progresses.

In particular, when the claim can be resolved within a year by negotiation, the lawyer may charge a fixed fee.

Hourly Rates

However, not all matters can be neatly packed into a fixed fee structure. Sometimes, the uncertainty of your case can require hourly rates, which may even be pursuant to a recognised scale of costs. These rates will depend on the lawyer’s experience and expertise. 

A specialist TPD lawyer with high-level expertise would usually charge higher hourly rates but would also provide you with the necessary knowledge and experience, which could be critical to your TPD claim.

Contingency Fees (No Win, No Fee)

The ever-popular “No Win, No Fee” policy is the light at the end of the tunnel for most claimants. It gives you the certainty that you will not have to pay costs upfront to pursue your claim. Many law firms adopt this client-friendly contingency fee arrangement to act on behalf of the claimant.

What Affects TPD Lawyer Costs

Illustration of factors affecting tpd lawyer costs

Like a mosaic image created with various shapes and colours, the costs of engaging a TPD lawyer will depend on numerous factors. The solicitor’s experience is critical. 

Those with a track record of quickly managing claims and obtaining maximum client compensation will charge higher fees. The complexity of the claim is another factor. Multi cases and claims against multiple insurers will require additional time and effort.

Medical evidence, such as medical reports, will also incur costs, making each legal matter priced differently. It is important to remember that you should always discuss fee structures with potential TPD lawyers before agreeing to retain them so that there are no surprises at the end.

Importance Of Expert TPD Representation

Illustration of TPD lawyer negotiating with an insurance company

The advantages of having an expert TPD lawyer represent you include:

  • Legal representation
  • Maximising your compensation
  • Expertly navigating the claims process
  • Protecting you from insurance companies underpaying your claim
  • And potentially saving you thousands of dollars

They can assist you in all aspects of the claim, from investigating your policy to explaining your legal rights. You can simply concentrate on your recovery and let your lawyer manage the rest. Matters usually achieve a better outcome and are completed quicker when handled by expert legal hands.

Navigating Multiple TPD Claims

If you have multiple TPD policies through different superannuation funds, you may be entitled to lodge more than one claim. Each matter will be dealt with independently, and you may be entitled to receive more than one payout if you qualify for each claim. 

The legal fees, however, may increase because of the additional work and complexity involved in managing each claim.

Tips For Selecting The Right TPD Lawyer For Your TPD Claim

Illustration of selecting the right TPD lawyer

Like selecting the captain of your ship in the vast open sea, it is crucial that you choose the right tpd lawyer to act on your behalf. You should always check that your legal representatives have experience in the complex TPD claims process, including locating old superannuation funds and interpreting various insurance policies.

At Fittipaldi Injury Lawyers, we have a rich history of navigating through the intricacies of complex medical conditions to secure successful outcomes for TPD claims. Our dedicated team leverages this experience to advocate effectively for your case.

Another critical factor in selecting your legal representatives is the transparency of fee arrangements. Fixed fee structures provide certainty of costs and avoid the unknown as you navigate the TPD claims process.

Preparing for a Successful TPD Claim

Like any successful project, preparation is the key to a successful TPD claim. It is a detailed process that requires gathering all medical reports, payslips, tax returns, and clinical notes. Once you are ready to commence your claim, you will need to complete various forms, prepare detailed submissions, and regularly correspond with the insurer to ensure they have all the information they need to consider your claim.

Following up with the insurance company is vital to ensure your insurance claims are on their radar and progressing through the necessary channels. A well-presented application is the best way to avoid delay, propelling your claim towards a swift and successful claim and ensuring you receive your insurance benefits.

How TPD Payouts are Determined

The amount you may be entitled to under a TPD insurance policy is a combined effect of many factors. It is not simply the insurance cover or policy limit. Your entitlement will depend on your disability, the extent of your loss of income, and the terms of your policy.

Your disability and capacity for work (including what you previously did for work and the duration of absence from work) are then assessed to calculate the TPD payout amount you deserve. Once your permanent disability claim is accepted, you will receive a lump sum payout in your superannuation account for the coverage amount agreed.

How Long Do TPD Claims Take

Time is of the essence when it comes to TPD claims. While most claims are resolved within six and 12 months, the more complex cases can take up to two years. An expert TPD lawyer will ensure that all submissions are thorough and timely to prevent the sand in the hourglass from slowly falling.

The superannuation claim process can take months and involves various assessments. Here is what to expect:

  1. Initial assessment by the superannuation fund – this may take some time and is the first step of the process.
  2. A detailed assessment by the insurer may take up to 6 months for standard claims.
  3. Final evaluation by the superannuation fund trustee – add another two months to the process. Late lodgement of your claim could risk your chances of succeeding, so it is always recommended (and we cannot stress this enough) that you lodge your matter as soon as possible.


As we have discussed above the complexity of tpd claims and the costs of lawyers can be confusing. However, the right legal advice is critical in navigating these matters to achieve the best possible outcome.

Fittipaldi Injury Lawyers are dedicated to assisting Australians in securing the TPD benefits they rightfully deserve. Confident in our expertise to successfully represent your case, we proudly uphold our No Win No Fee Policy.

To discuss your claim with our experienced team or to review our history of successful outcomes and TPD payout case studies, contact us at (03) 9999 1960 for a free consultation call.

Frequently Asked Questions

What is a TPD claim?

A TPD claim is an insurance claim that provides financial protection if you suffer permanent medical impairment due to injury and are unable to work. It requires substantial evidence of disability and compliance with the policy terms.

How much do lawyers typically charge for TPD claims?

Lawyers typically charge between $5,000 and $15,000 for TPD claims. Variations are based on the complexity of the matter and the level of medical evidence required.

What is a No Win, No Fee policy?

A No Win, No Fee policy means that a lawyer will only charge you if they win your case, reducing your financial risk in pursuing a legal claim. This setup can be beneficial for clients seeking legal representation.

Can I make multiple TPD claims if I have several superannuation funds?

Yes, you can make multiple TPD claims if you have TPD covered by more than one superannuation fund. Each claim is assessed separately, and you may be eligible for multiple payouts.

How long does it usually take to settle a TPD claim?

It usually takes 6 to 12 months to settle a TPD claim, but complex cases can take up to two years. Providing accurate and timely information can help expedite the process.

Gennaro Fittipaldi

Gennaro Fittipaldi specialises in WorkCover and personal injury litigation, with over a decade of experience defending claims across Melbourne and regional Victoria. Formerly an in-house lawyer at WorkSafe Victoria and a Senior Associate at Minter Ellison, he possesses unique insights into insurer operations, enhancing client outcomes. Gennaro is renowned for his technical expertise and a supportive approach, offering strategic, informed advice to guide clients through complex litigation processes.