Can You Represent Yourself In A Personal Injury Case?

How A Personal Injury Claim Works

Personal injury claims are based on the right to sue negligent or unlawful parties for the injuries they cause. This right to sue allows injury victims to file insurance claims in numerous situations instead of directly going after the party who harmed them.

For example, car accident claims are based on the right to sue. However, most car accident claims are settled by insurance companies long before a lawsuit is even a possibility. 

Proof Of Liability And Damages

These insurance claims must contain proof of liability and damages. Victims must allege specific acts of negligence and how they directly caused the injuries in question. They must also prove compensable damages. Insurance companies typically try to dispute these claims at every stage, making an attorney a valued asset in these actions.   

Lawsuit

Accident victims and insurance companies work to settle personal injury claims out of court. However, some claims find their way into the halls of justice to be decided by the court. Once an impasse has been reached during negotiations, the victim can start the extremely complex lawsuit process, after which settlement is still a possibility. 

Keep in mind that there is a short personal injury statute of limitations of two years. Victims must settle compensation or file a lawsuit within this time to avoid losing the right to compensation. 

Why Some Victims Elect To Represent Themselves

The main reason people want to represent themselves is to avoid having to pay an attorney for their services. Attorneys charge a percentage of the money they recover, so an injury victim may think they will save money by going it alone. 

In some cases, injury victims may also want to represent themselves to have complete control over the course of the claim. Perhaps they do not agree with how an attorney would proceed and decide to take the helm themselves.  

Why You Should Not Represent Yourself

In the context of personal injury cases, saving money on legal services typically results in unintended and often unexpected consequences — including less compensation in your pocket.

Impact On Compensation

The numbers are clear. Injury victims with attorneys, in the vast majority of cases, receive far more compensation for their injuries than victims without representation. Although you won’t be paying a percentage of your take to a lawyer, the fact that you don’t have a lawyer will more than likely result in substantially less money for you. 

Associated Costs

Whether you hire an attorney or not, you will still be responsible for various associated costs and expenses, including:

• Court costs
• Costs for copying documents
• Notary costs
• Travel costs
• Research and investigation costs
• Costs for expert witnesses
• Service-of-process costs

While these costs may be your responsibility even if you have a lawyer representing you, the higher injury compensation lawyers tend to recover can help offset them. 

Complex Procedures

Seeking compensation involves more than ringing up an insurance adjuster or a defendant and demanding money. It involves numerous set procedures and steps that must be followed at every stage. 

Running afoul of these procedures can delay your claim and potentially lead to its dismissal. Attorneys are well-versed in these intricate procedures and use this experience strategically to their advantage. 

Emotional Attachments

If you are seeking compensation for an injury you have suffered, you may have an emotional attachment that can harm your case. Being your own lawyer can cause you to make impassioned decisions that should be made with a cool head. 

An attorney, on the other hand, won’t be saddled by emotions and conflicts when fighting for your money.  

Turnaround Time

If you represent yourself, you will likely experience a quick turnaround time, which should be a good thing — when a lawyer is representing you. However, when an injury victim approaches an insurance company alone, the typical result is a fast payout that is sometimes up to 90% less than they would have received with an attorney. 

Insurance company adjusters work with injury claims all day, every day. They understand full well the needs of injury victims and how many of them are desperate for funds. That is why they offer quick, easy payouts, sometimes with the threat that refusing their offer means zero compensation. 

How A Personal Injury Lawyer Helps Their Clients

Personal injury lawyers help their clients in many ways, all with the goal of recovering as much compensation as allowed for clients. Clients rely on lawyers to get them more compensation than they could on their own, which is precisely what attorneys do. They recover proper compensation by:

• Thoroughly investigating clients’ accidents and injuries
• Meticulously evaluating every compensable damage
• Protecting you from personal injury claim reductions and denials
• Fiercely negotiating for a worthy personal injury settlement

Having a personal injury attorney takes a great burden from your shoulders. With an attorney fighting for you, your energies can be focused on getting better instead of learning complex legal procedures. 

A Free Consultation Is Worth Your Time

If you’ve been injured by someone else, consider meeting with an experienced personal injury lawyer for an initial consultation. Initial consultations are free, meaning you have little to lose by attending one and so much to gain. 

The team at Bachus & Schanker has personal experience with navigating loss due to negligence. We are dedicated to protecting clients throughout Colorado who are facing similar circumstances.

Sources: 

Damages for Injuries to Persons or Property.

Negligence — General Concepts.

The Colorado Rules of Civil Procedure for Courts of Record in Colorado. (2023).