Legal Advice for Compensation Insurance Claims & TPD Payouts

Life Insurance Claim Lawyers for Death Benefits

Your superannuation policy will typically contain life insurance cover called death benefit protection. When a loved one has passed away or been diagnosed with a terminal illness, our life insurance claim lawyers will help you have a successful life insurance payout.

The death of a loved one can alter our lives in numerous ways, including emotionally, financially, and socially. It is particularly challenging when the departed are a source of income for their loved ones and the deceased’s dependents.

Splatt Lawyer’s offers expert legal services for death benefit claims on a 100% No Win No Fee basis with a 99% track record of success. Our legal funding policy means you pay nothing until you win and owe zero if you lose, and our fees are capped.

Have a stress free experience knowing there is no financial risk when claiming life insurance benefits. Call Now: 1800 860 777

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What is an Insurance Claim for Terminal Illness?

A terminal illness insurance benefit is a prepayment of your death benefit policy. This compensation applies when you are diagnosed with a terminal illness that will result in your death within a specified period.

When you have a valid claim, you receive an insurance payout in the form of a lump sum.  If you have a terminally ill diagnosis, you can also access your superannuation fund before reaching your usual eligibility age.

It’s free to know if you can claim →

Helpful Life Insurance Lawyers

Our expert lawyers our clients through the death benefit claim process to a better tomorrow.

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100% No Win No Fee Death Benefit Claims

Our Australian life insurance lawyers have considerable expertise in insurance law and terminal illness claims. Moreover, when you choose Splatt Lawyers for your case, you can relax, knowing you carry no financial risk. Because our 100% No Win, No Fee policy means:

We strive for reasonable legal fees by managing your death benefit claim as efficiently as possible. And before we start work, you will have a fixed or capped price as outlined in our legal cost agreement. Have peace of mind knowing what to expect for a successful life insurance payout. Contact our friendly legal team now for a free estimate. Call 1800 700 125

How Life Insurance and Death Benefit Claims Work

Life insurance policies create a contract between life insurers and the insured person. Typically, this agreement will have exclusions contained within the terms and conditions. When an insured event occurs, you (or your financial dependents) can seek financial support by making a claim. How much you receive will vary depending on the insured value and policy terms.

Sometimes, insurance companies seek to deny or reduce claims by relying on an exclusion that may not apply or be open to interpretation of a clause.

An insurance claims investigator may try to prove your loved one passed under different circumstances or during high-risk activity excluded under their insurance policy. For example, they jumped out of a plane, their parachute did not open, and they did not cover this type of activity.

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The insurance company may argue that your medical condition is not severe enough to qualify for a terminal illness insurance claim. For most policies, your life expectancy needs to be either 12 or 24 months, so if your physician says you will live for three more years, they won’t payout. They could decide you are too old to claim death benefits, as policies often expire at age 65.

When you seek life insurance benefits or a terminal illness lump sum payout, your insurer will likely examine your circumstances and T&Cs in detail to see if there was a misrepresentation or any other opportunity to limit liability in their claim decision.

When someone dies, has a heart attack, or terminal illness, the last thing you need to do is negotiate with an aggressive insurer about your full entitlements. Rely on our life insurance claim lawyers to do the heavy lifting so you can transition through a difficult time to a better life. It’s free to know your legal position. Get expert legal help by calling – 1800 700 125.

Who Can Claim Death Benefits?

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When someone dies, their super fund must pay their designated beneficiary an insurance benefit. It would help if you were a dependent of the deceased to have a successful death benefit claim. Financially dependent means a person who is totally or partially dependent on the deceased for financial assistance.

De facto partners (including same-sex partners), spouses, children, and financial dependents can qualify as dependents.

If you believe you could have a case, you must act immediately. Any delay could jeopardise your full entitlements.

Can I Make a Life Insurance Claim?

All Australian super funds provide benefits when a loved one passes. If you were the deceased person’s spouse, child, legal personal representative, or financial dependent, you might be eligible to claim their super contributions and related insurance benefits. These funds help cover medical expenses and vital financial support at a challenging time.

Vital Information About Beneficiaries

When filing a claim for lump sum death benefits under an insurance policy, there are several things you should know about beneficiaries:

  1. The life insurance policy must name the relevant beneficiaries.
  2. There can be more than one beneficiary.
  3. Entities like family trusts, businesses and charities can be beneficiaries.

Our life insurance lawyers have considerable expertise in winning death benefit insurance claims. For nearly three decades, they have assisted many people in obtaining the funds necessary to recover and restore control of their lives.

It’s free to know if you can claim >

What If I Have a Life Insurance Dispute?

The primary goal of life insurance companies is to deliver a profit for their shareholders. Generally, paying out a death benefit claim does not align with that purpose. Hence, it is often not straightforward to have a successful outcome.

If the insurer disputes your case, please don’t panic. There is an internal review process, and our experienced insurance lawyers have the skills to reverse the insurer’s decision. The proof is our 99% track record for winning insurance claims.

The mission of the Australian Financial Complaints Authority is to assist consumers with complaints regarding financial services or products. When insurance companies fail to honour insurance contracts, our insurance lawyers will advocate with the AFCA on your behalf.

Why Choose Our Life Insurance Lawyers for Your Death Benefit Claim?

Our experienced life insurance lawyers have provided effective legal support to people claiming insurance entitlements for over 28 years. Every day, we help Aussies win the entitlements contained within their or their loved ones’ superannuation funds.

When you choose our skilled insurance lawyers and solicitors to manage your death benefit payment, life insurance, total and permanent disability, or terminal illness claim, you will have access to our 100% No Win, No Fee legal funding.

Consequently, Splatt Lawyers carries the financial risk of your insurance claim because we charge no upfront or ongoing legal costs. Pay our legal costs when we win your legal action, and pay nothing if you lose. It’s our no financial risk guarantee!

Get Expert Legal Advice for Life Insurance Claims

With a success rate of 99%, Splatt Lawyers is an Australian leader in life insurance claims. When you contact us, our insurance law experts will let you know the following:

  • If you have a valid claim
  • Your policies’ fine print
  • The payout value for an approved claim
  • The strict time limits for your case
  • The death benefit claim process
  • Our fixed or capped price when you win (zero if you lose)
  • How to avoid costly court proceedings

Get the most from your life insurance company and superannuation fund by choosing the Australian life insurance lawyers who deliver results. Call Now: 1800 700 125

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Life Insurance Claims FAQs

Most workers in Queensland pay financial contributions to the Superannuation. They can then withdraw money from their Super account when they reach retirement age. If they acquire a terminal illness or pass away unexpectedly, their dependents can make an insurance benefit claim. Dependents are their spouse – regardless of gender or marital status, prior spouse and children younger than 18 years old.

Death benefits are financial protection for your family and other dependents. Once the policyholder is deceased, the insurance benefits will be distributed to people nominated in your life insurance policy. Your trustee will decide how to allocate these funds if no one is selected.

The most common type of death benefit is a life insurance policy. A life insurance policy releases a lump sum upon the insured person’s death. Many policies offer additional features, including paying out a monthly allowance or even a percentage of the original payment. Some insurance policies allow you to nominate beneficiaries and specify the amount each beneficiary receives. For example, you could decide that your partner gets 50% of the money while your kids receive 25%.

Full disclosure of your circumstances is mandatory when you take out life insurance. Your submission includes disclosing all relevant medical conditions, accidents, injuries, surgeries, hospitalisations, prescriptions, alcohol use, etc. Please disclose to avoid the rejection of coverage. If someone dies without providing truthful and factual information, it can impact your beneficiary’s ability to collect an insurance benefit payout.

Insurance companies often require documentation proving the applicant’s health status. This evidence includes proof of medical treatment, prescriptions, doctor visits, hospital stays, and even blood tests. In some situations, such as cancer or other serious illnesses, the carrier requires a physician’s affidavit attesting to the applicant’s current health.

The law can mandate that you disclose certain information to your insurer. These include:

  1. Any significant changes to your lifestyle, including smoking cessation programs;
  2. A change in your occupation.
  3. Your participation in recreational activities or sports.
  4. Any physical limitations

To be eligible to receive a death benefit, you must be a designated beneficiary of the policy or the deceased’s financial dependent.

In Australia, most life insurance companies pay out. However, that doesn’t mean the claim process is easy. There are common techniques insurers use to deny death benefits, and our insurance lawyers know them all.


Most life insurance claims settle between 14 days and two months. Sometimes, a case investigation takes longer. Typically, the insured person passes away within two years of purchasing life cover.

In Australia, APRA oversees reinsurance, private health, and life insurance and general insurance companies.

Our Team are Ready to Help. Request Your Free Claim Assessment Now!

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