TPD claim rejected: Client abandoned by previous lawyers turn to Taylor & Scott seeking help

Our client came to Australia twenty years ago. He spoke very little English. He worked as a kitchen hand, briefly, and then secured labouring work in the construction industry. The work was hard, physical work. He was required to work a six-day week lifting and carrying heavy timbers and scaffolding components. By the end of the week, he was exhausted. During the course of his work, he suffered a serious injury to his back. He went off work on workers’ compensation. When it became clear his injuries were permanent and that his days of working as a labourer in the construction industry were over; he consulted some lawyers seeking advice and guidance. They told him that he had a negligence claim and that he also had a TPD claim under a policy of insurance attached to his superannuation. He instructed the lawyers to proceed with both claims. Having gathered evidence; the lawyers proceeded to complete his negligence claim. In respect to his TPD claim, the insurance company rejected the claim stating that in the opinion of the insurer, the client had various pre-injury employment skills that he could adapt to some future work. The lawyers told the client that the TPD claim was “too hard” and “not viable,” and they refused to pursue the claim.

How Taylor & Scott TPD experts helped

Having been told that nothing could be done and knowing that the insurer’s defence to the claim was unfair and unjust, our client decided to seek a second opinion. Ray McClenahan, Managing Partner here at Taylor & Scott, Accredited Specialist in Personal Injury and an expert in TPD claims, conferred with the client. He obtained the file from the previous solicitors and carefully reviewed all the medical evidence that they had obtained. Ray met with his client and advised him that the solicitors who had acted were wrong, and in fact, if the claim had been properly presented and supported by medical evidence, the client should be successful. This gave new hope to an already very depressed client.

Ray undertook to act for his client on a no-win/no-pay basis, which meant that Taylor & Scott would not be paid any costs unless, and until, they won the case. Ray set about obtaining up to date medical reports focusing on the key contentions that had been argued by the insurance company in rejecting the claim. Having received those reports and having obtained very clear and precise instructions from his client, Ray was then in a position to seek a review of the decision by the insurance company.

TPD decision overturned

Ray made very detailed submissions to the insurance company. To each point of contention that had been raised by the insurance company; Ray analysed and argued where the insurer had gone wrong. With these very detailed submissions supported by further detailed medical reports, the insurer finally acknowledged that they were wrong. We are very pleased to report that Ray’s client received a substantial payout under TPD. If it hadn’t been for Ray’s expert advice and willingness to battle the insurer, this client would not have been successful with his TPD claim.

Taylor & Scott’s offer to you in TPD claims

TPD claims can be daunting. You need an expert lawyer who knows what he is doing. You need a lawyer who has years of experience in fighting insurance companies in TPD claims. You need Ray McClenahan and his expert team in TPD matters here at Taylor & Scott Lawyers.

You are invited to contact Ray by ringing 1800 600 664 or emailing Taylor & Scott at info@tayscott.com.au Here at Taylor & Scott you will be treated with compassion and respect. Our team of TPD experts will take very careful instructions from you. They will advise you on your prospects of success. If Taylor & Scott accept your instructions and act for you, it will be done on a no-win/no-pay basis, meaning that you pay no costs to Taylor & Scott unless and until you win your case. Our TPD lawyers are not afraid of fighting for your rights against large insurance companies. If they believe you have a viable claim, they will do everything they can to ensure that you are successful. Even if you have been to other lawyers and had your claim rejected, it is worth your while seeking a second opinion in a free consultation with the experts in TPD claims here at Taylor & Scott.

Why use Taylor & Scott?

Because you and your family deserve to receive the best advice available.

“At Taylor & Scott, we care for you”