Can I Make a Personal Injury Claim Myself?

Most people don’t think about hiring a personal injury attorney until they’re injured and need one. At that point, they’re likely to be confronted by the opinions of well-meaning family and friends who claim an attorney will take their entire award, will cause them to go broke, or that they can figure out the personal injury claims process on their own. Ultimately, they come to the question: Can I make a personal injury claim myself?

The answer is no. You need the help of legal counsel who understands the ins and outs of the law. The learning curve for filing on your own is extremely high. If you miss a deadline or fail to understand the rules of the process, you will lose out on the compensation you’re entitled to receive for your injuries.

Rather than contemplate pursuing legal action without the appropriate professional help, it’s better to learn what a lawyer can do for you and the benefits of working with a firm that has the power and resources to bring your case to the most optimal conclusion.

What Is Pro Se Representation?

Pro se representation means that you represent yourself in court. The right to represent yourself in legal matters is guaranteed in the Sixth Amendment of the Constitution, implied by the provision that states you have a right to legal counsel if you choose it.

The Reasons People Choose to Represent Themselves (and Our Responses)

People choose to represent themselves and put their claims at risk because:

• They fear they can’t afford it. Our response: Many lawyers provide services through a contingent-fee billing method, which means that you do not have to pay for services until there is a positive resolution to your claim.
• They fear that their injuries are not significant enough to seek compensation. Our response: Did you miss work as a result of your injury? Did you have to go to the hospital or seek medical treatment at an emergency room? Did you suffer negative impacts on your quality of life because of your injury? If so, seek a free case evaluation from a personal injury attorney to explore your legal options.
• They believe the source of liability is clear, and the at-fault party’s insurance provider will work with them. Our response: Understand that insurance companies are not in the business of adequately compensating you for the carelessness or recklessness of their insured clients; they’re in the business of making money. Part of the way they make money is by avoiding paying out on liability claims. They often resort to shady tactics when doing so, and claimants who fall for these tactics stand to see their claims reduced or even diminished entirely.
• They think they can figure out the legal process on their own. Our response: Consider that lawyers spend three years obtaining a secondary degree, specifically in the field of law. That’s followed by intense studying that culminates in taking (and, hopefully, passing) the bar exam. With enough time, you probably could learn the system and processes necessary to win your claim, but as soon as you’ve been injured, you’re on the clock. The statute of limitations varies by state, but it almost certainly won’t be enough time for you to recover, go through law school, and build a viable case. Better to work with a legal team that can support you from square one.

The Problem with Pro Se Representation

As mentioned above, the legal process of seeking compensation for your injuries is a complex one. If you accept a settlement offer from the insurance company and then later realize that it was not enough to cover your expenses, you will be unable to go back and ask for more money. If you allow the insurance adjuster to gain access to your medical records, you can be certain they will be picking through them carefully in search of anything that can reduce the value of your claim or shift the question of liability in your direction.

If you want to gather evidence, you need to understand the type of evidence you can gather and how to access it. If you file a lawsuit against the at-fault party personally and can make your case, you can obtain a judgment but will likely have a difficult time collecting because insurance pays most personal injury settlements and awards.

When it comes to the potential problems with pro se representation in a personal injury claim, the list goes on and on. Unfortunately, many claimants do not realize that they’re in over their heads and need the assistance of an attorney until the statute of limitations has expired, or their claim has been compromised by an insurance company tactic.

The Advantages an Attorney Can Bring to Your Case

One of the most important things an attorney can bring to your injury claim is experience. After high school, personal injury lawyers attend about seven years of schooling to obtain a bachelor’s degree in a related field, take the law school admissions test, earn a law degree, and sit for the bar exam. Once they begin working in the legal arena, they often participate as part of a legal team before taking clients independently. The experience gained through the education and real-life work on cases helps them understand the process and understand the needs of their clients as well.

Here is a look at some of the other advantages you receive when hiring an experienced attorney to assist you with your claim.

#1. A Free Case Evaluation

Before you’ve even made your decision on hiring an attorney, you can speak with one about your case for free and without obligation. Free case evaluations are one more way that personal injury attorneys can assure that everyone who needs their help has access to it, regardless of their financial status. Ask questions about the process, the strength of your case, or even how your legal representation gets paid. Ask for references from satisfied clients. It is your time, and a good legal team will help you walk away with a greater understanding of how the court system and attorneys can help the injured obtain compensation.

#2. Guidance Throughout the Process

Make no mistake: the outcome of your claim is in your control. You decide if it’s time to file a lawsuit. You choose whether to accept an offered settlement. Even with an attorney on board, you are still the one in control, and action is not taken without you consenting to it first. We will not even enter into a contract with you to provide our services until we are sure you understand the provisions of the contract, your responsibilities, what you can expect from us, and you agree by signing the contract.

However, while the decisions remain yours to make, a lawyer can tell you how they affect your claim.

#3. Investigating Your Claim

When you and your attorney agree to work together on your claim, one of the first things your legal team will do is begin investigating your accident. They will work to determine all sources of liability and their associated insurance resources. This information will help them calculate the compensation you may recover. The team will also begin gathering documentation of your expenses, such as medical or auto repair bills and other information you can provide, including the contact information for witnesses.

#4. Establishing a Case Value

Several factors can impact the value of your claim, including:

• The amount of insurance the at-fault party has.
• The severity of your injuries. More severe injuries tend to result in a greater amount of economic loss due to medical expenses and missed time from work. Particularly severe injuries can impact a claimant’s future earning capacity and result in more psychological impacts, leading to an increase in the value of the case.
• Your income before the accident. Many of the damage categories in a personal injury claim depend on the person’s income, including wage loss, loss of earning capacity, and even the psychological impacts of permanent disability. It stands to reason that if you were making more, there is a greater loss if your injury prevents you from working.
• Your patience in the process. It is not necessarily difficult to receive a settlement offer from an insurance company, particularly if the liability of their insured is clear. However, receiving a fair settlement offer is often a different animal. Often the clients who will wait during settlement negotiations receive the best settlements.

#4. Negotiating a Settlement

Negotiating with insurance adjusters is a significant part of being a personal injury lawyer. We are aware of their tactics and have methods of countering them.

#5. Discovery

Once you file your lawsuit, your attorney will have the opportunity to obtain evidence and witness testimony from the defense. However, there are procedural requirements involved in obtaining this evidence through methods such as:

• Document production
• Depositions, which involve out-of-court sworn testimony that is used to better inform the attorney about facts of the case they were not previously aware of.
• Written interrogatories and requests for admission, which are two additional procedures used for gathering evidence and testimony.

#6. Litigation

About 95 to 96 percent of personal injury claims resolve before they make it to trial. This means that only 3-4 percent of cases will resolve by litigation. However, because it is impossible to know which cases will go to court, hire an attorney who is as comfortable with fighting for your compensation in the courtroom as they are in negotiating a settlement.

However, settlement offers can come not only after you file your lawsuit, but even after your trial begins. Even as your legal team is preparing for litigation, they’re also still entertaining settlement offers on your behalf.

Your attorney will provide you with a lot of guidance as your trial date approaches about what to expect in court. They will also deliver opening and closing arguments, present evidence, and examine witnesses.

#7. Collecting Your Settlement or Award

Once your claim resolves, your attorney will collect your settlement or award, deduct the fee for their services, explain the services provided, pay any other expenses that they needed to according to your service contract, and forward the remainder to you.

#8. Appeals

It is rare that a personal injury claim goes to court and even rarer that it results in the defendant appealing the court’s decision. That said, defendants may appeal court decisions, and if it happens in your case, you can rest assured that your attorney can continue to represent your claim through that process.

Let a Legal Team Fight for You

Don’t make the mistake of filing a personal injury claim by yourself. It’s far easier with the help of a legal team by your side. You won’t have to fight alone, and you can focus on the crucial task of recovering from your injuries. For your free case evaluation, call a personal injury lawyer near you.