Should I take my superannuation dispute case to court?

Published 15 Mar 2017

Whether you’ve suffered through the accidental death of a loved one or experienced a critical illness or total and permanent disability, you may be entitled to a payout through your superannuation fund.

Many superannuation claims are settled before they need to go before a judge, but there are occasions where individuals feel their request for benefits or financial support has been unfairly rejected.

In these situations, you may want to consider taking your case to court. But there are a number of factors that you should weigh up before informing your superannuation disputes lawyer to proceed.

1. The strength of your case

The court will take into account a number of factors before making a decision, so you should only pursue your claim through the courts if you have a strong case. Your lawyer can advise you on the likelihood of success and should encourage you to desist if they do not think you have a good chance of winning.

2. Existing offers

You may not necessarily have been rejected outright on a claim; perhaps there is an offer on the table, but you’re not satisfied with the amount? You will have to decide whether it’s worth risking an existing settlement, as you may potentially receive nothing if a judge’s ruling goes against you.

3. Your financial situation

Accidents, injuries and deaths can leave families struggling financially, and a claim might be the only way to cover medical bills, lost income and a range of other expenses. If you’re determined to proceed, contact a no-win, no-fee firm to ensure you don’t have to worry about the upfront costs of pursuing your claim.

4. The length of a case

The courts process can be lengthy, and it is often a gruelling experience for people who are already suffering from the emotional impact of a death or serious injury to a loved one. This is particularly true for claims where the amount of money available is relatively small in relation to the time and effort that a court case would require.

5. Potential for family conflict

In accidental death benefits cases, you can make a claim on the deceased’s estate if you believe you are entitled to provisions. However, this could create tension between you and existing beneficiaries, so it’s worth considering whether a court case is worth the long-term impact of a family conflict.

Would you like to learn more about superannuation disputes? Please contact us today.

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