If you’ve been injured due to someone else’s negligence, you might consider handling your personal injury claim yourself to save money on legal fees. While it’s entirely possible to file a personal injury claim without a lawyer, it’s crucial to understand the process thoroughly—and be aware of the risks involved.
Step 1: Gather Comprehensive Evidence
Your first step in filing a claim independently is collecting strong, detailed evidence. This includes medical records, accident reports, witness statements, photographs of the scene, and documentation of financial losses like medical bills and lost wages. Without detailed evidence (that is in an admissible format), your claim could be significantly weakened.
Step 2: Notify the Responsible Party and Insurance Company
Notify the responsible party and their insurance company promptly. Be extremely cautious, as insurance companies seek recorded statements immediately, which they use against you later. They are not your friend, but will pretend to be to get information out of you; these are trained professionals. Remember, insurance companies prioritize minimizing payouts over compensating you fairly.
Step 3: Understand Your Damages
Calculate the total value of your damages accurately. This means including not only past medical expenses, but future medical expenses, pain and suffering, emotional distress, disfigurement, loss of consortium, and other non-economic damages. You also have to factor in economic damages such as property damage, loss of use, lost wages, and loss of earning capacity. Without legal experience, accurately evaluating these damages can be challenging, potentially causing you to underestimate the true value of your claim.
Step 4: Negotiate a Fair Settlement
Negotiating with an insurance adjuster requires patience, preparation, and knowledge of your claim’s worth. Insurance adjusters are skilled negotiators whose primary goal is to settle claims for as little as possible. Without professional negotiation skills, you’re at a significant disadvantage and risk accepting a settlement far below what you’re entitled to.
Step 5: Filing a Lawsuit if Necessary
If negotiations fail, your next option is filing a lawsuit. This involves detailed procedural rules, strict deadlines, and complex documentation. Courts expect unrepresented plaintiffs to follow the same legal standards as trained attorneys, making this a difficult, stressful, and time-consuming process for most individuals.
Risks and Pitfalls of Filing Without a Lawyer
Handling a claim on your own can initially seem cost-effective, but it’s extremely difficult and more complicated than expected. Common pitfalls include missing critical deadlines, undervaluing your claim, accepting insufficient settlement offers, and misunderstanding complex legal processes and documents. These mistakes can severely limit or even eliminate your chances of fair compensation.
Why You Should Consider Hiring an Attorney
Working with an experienced personal injury attorney significantly increases your chances of achieving a favorable outcome. An attorney understands how to navigate the legal system effectively, accurately evaluate your claim’s value, negotiate aggressively with insurance companies, and represent you thoroughly if your case goes to trial. Hiring an attorney allows you to focus on recovery while they fight for your rights.
When choosing an attorney, it is important to choose one with knowledge and experience. Perkins & Perkins has a proven track record of representing plaintiffs in a variety of personal injury cases. Our abilities are demonstrated by an $18,111,232.00 verdict we secured in 2022, which was recognized as the largest construction injury verdict in Texas, that year.
Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in claiming justice for a loved one.
