Disclaimer – This article is for general information and education only. It is not financial or legal advice. Costs, fee arrangements and disbursement rules can vary between law firms. If you are thinking of making a TPD claim with a lawyer, always obtain a clear costs agreement in writing before you start.
Introduction
Asking a lawyer about a Total and Permanent Disability (TPD) claim can feel daunting when you’re already out of work and unwell. Clients often ask:
- Does the firm have real TPD experience?
- Will the lawyer help me secure a payout from my insurer?
- How long will my claim take?
- Will it cost me money upfront to hire a lawyer?
The good news: the answer is usually no.
Most TPD lawyers (including us) work on a No Win, No Fee basis, meaning you don’t pay legal fees unless your claim succeeds.
However, there are key differences between legal fees and disbursements (case expenses like medical reports). This guide explains what “No Win, No Fee” really means and what to expect before you begin.
What does “No Win, No Fee” mean?
| Aspect | Explanation |
|---|---|
| Legal fees | You don’t pay your lawyer’s professional fees unless your TPD claim is successful. |
| If you win | The lawyer deducts agreed fees from your payout (details are set out in a written costs agreement). |
| If you lose | No legal fees are payable. |
| Peace of mind | Removes the stress of paying lawyers while you’re already out of work and facing bills. |
✅ No upfront legal fees
✅ You only pay if your claim succeeds
What about disbursements?
Disbursements are out-of-pocket expenses required to run your case. These can include:
- Medical reports from your GP or treating specialist
- Independent medical examinations (IMEs) required by insurers
- Court or tribunal filing fees (rare in TPD matters)
- Expert vocational assessments
How are disbursements paid?
| Approach | What it means for you |
|---|---|
| Firm pays upfront | Law firm covers costs and recovers them from your payout if you win. |
| Client pays upfront | Some firms ask clients to contribute to disbursements as cases progress (less common in TPD). |
| Hybrid approach | Large disbursements (like specialist reports) may be discussed with you, but most are covered upfront. |
At TPD Claims Lawyers, we cover disbursements upfront so you face no out-of-pocket costs during your claim.
Worked examples
| Example | Scenario | Outcome |
|---|---|---|
| 1 – Straightforward claim | Sarah has strong medical evidence and her claim is accepted quickly. | No upfront costs. Lawyer deducts fee from payout once approved. |
| 2 – Complex claim | John’s insurer disputes his medical capacity and requires two IMEs costing $2,000 each. | Firm pays upfront. Recovered from payout if successful. John pays nothing during process. |
| 3 – Claim unsuccessful | Ahmed’s claim is rejected with no right of appeal. | No legal fees payable. If the firm covered disbursements, Ahmed pays nothing. |
Pitfalls to watch out for
❌ Assuming all firms cover disbursements — always confirm.
❌ Skipping the costs agreement — it should clearly explain fees and expenses.
❌ Worrying about “hidden fees” — reputable firms provide transparent agreements before you sign.
How to protect yourself
| Step | Why it matters |
|---|---|
| ✅ Ask for a written costs agreement | Ensures transparency about fees and disbursements. |
| ✅ Confirm who pays disbursements | Clarifies if the firm or you are responsible for upfront costs. |
| ✅ Check for a fee cap | Many firms cap fees so you keep most of your payout. |
| ✅ Choose genuine “No Win, No Fee” firms | Avoid those with exclusions that could still leave you exposed. |
FAQs
Do I pay anything at the start of my TPD claim?
Usually no. Most firms cover disbursements and operate on No Win, No Fee.
If my claim fails, do I owe the lawyer anything?
No legal fees are payable. At our firm, we also absorb disbursements, so you pay nothing.
Will the lawyer take a percentage of my payout?
Not automatically. In Australia, most lawyers charge fixed or capped fees, not a flat percentage.
Can I change lawyers partway through?
Yes, but you may need to pay for work already completed by the first firm. Always check your agreement carefully.
Key takeaways
- Most TPD claims are run on a No Win, No Fee basis.
- ✅ No upfront legal fees.
- Disbursements (medical reports, filing fees) are usually covered upfront by the firm and recovered later.
- Always get a written costs agreement and confirm how disbursements are handled.
- A reputable firm ensures you face no out-of-pocket risk while pursuing your claim.
Getting a TPD payout should not add financial stress. With a No Win, No Fee arrangement, you don’t pay legal fees unless your claim succeeds.
At TPD Claims Lawyers, we remove the risk by covering upfront costs and only recovering fees if your claim is successful — so you can focus on your health and future.
Contact us today for a free, no-obligation consultation.
Last updated: 4 September 2025