Want to negotiate a personal injury settlement without a lawyer? The law and court allow an individual to represent himself in a personal injury claim. In legal terms, it is called pro se, or on your own behalf.
Though it is possible to negotiate a personal injury settlement, it is not recommended in most cases. The majority of these claims are settled out of court, without having to appear before the judge and jury to argue why you deserve the compensation.
Filing without an attorney is risky unless you are prepared and know what you are getting into. People often tend to negotiate their own settlement because it is more economical.
How to File a Personal Injury Claim Without a Lawyer?
Filing without a lawyer means that the person gets to file, manage, and direct his lawsuit on his own behalf. Some cases like suing for a corporation, filing a class-action lawsuit, and suing on behalf of your child require the help of an attorney.
A person representing himself needs to prepare every element of the case on his own and has to make sure that no details are omitted.
The process of filing a pro se personal injury lawsuit begins with submitting your claim to the right clerk’s office and paying the required filing fee.
The person filing the lawsuit acts as a plaintiff whereas the other party being sued is the defendant. Create a file of evidence and documents that proves that the other party is at fault.
The other party might be represented by a lawyer that can ask you to give a personal injury deposition along with relevant documents as per the rules of legal discovery.
Either the case will be settled out of court or taken to the court for a process of trial.
Collecting Evidence
The court will ask for evidence, since you are handling the claim yourself, it is your job to collect the evidence and relevant documents.
Take pictures of the accident scene, property damage, and the injuries suffered. Have a copy of the police report, medical bills, as well as other relevant records.
Avoid posting anything about your accident on social media as it can have a negative impact on the case.
Estimating Damages
This is where most people representing themselves go wrong, they either claim too much or too little.
Calculate damages carefully including property damage, lost earnings, future lost earning capacity, or any other financial losses related to the accident. Some other incalculable damages are suffering and mental anguish.
When Should You Represent Yourself in a Claim?
Only opt to represent yourself when you have satisfactory evidence and have previous experience in handling your legal matters.
Keep the following factors in consideration to evaluate whether self-representation is your best bet.
- Severity of Injuries – If it was a minor accident and you suffered a few bruises, the other party will pay a settlement for the property damages, medical bills, and inconvenience. Serious car accidents with serious injuries and high financial losses will need an evaluation from the lawyer.
- Sufficient Evidence – If you have witnesses to testify and sufficient evidence to prove that the other party was at fault, then you can get the desired settlement without the help of a lawyer.
Takeaway
Carefully consider all aspects of the case to decide whether you want to proceed with or without legal representation. In order to save attorney fees, one might not get the pursuing compensation in the case. On average, a person with a personal injury lawyer receives more money than the one representing himself. You will likely need a lawyer if you want to recover the maximum amount of damages.
