how to handle a personal injury claim without a lawyer

Phases of Settling Your Personal Injury Claim Without a Lawyer Gather Evidence and Build a Case If you're going to represent yourself in court, you need to be able to prove that the other party was at fault for your injuries. It includes gathering evidence starting from the accident scene and building a strong case.

Full Answer

Can I handle my own personal injury claim without hiring an attorney?

While it's important to understand what you're getting into, it's always possible to handle your own personal injury claim without hiring an attorney.

Should I file a personal injury lawsuit in court?

If you don't, get ready to file a personal injury lawsuit in court. You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk.

Should I negotiate my own personal injury settlement?

And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).

What should I do after a personal injury accident?

Use any "personal injury protection" ("PIP") insurance coverage to pay initial bills, and then use your health insurance. Get copies of all records and bills. Do not give a recorded statement to the other person's insurance. Make sure you understand the time limits for your claim—the personal injury statute of limitations varies by state.

How do you negotiate pain and suffering?

10 Tips for Negotiating Pain and Suffering:Manage Your Expectations for Compensation.Know What Counts as Pain and Suffering.Support Your Claim with Outside Factors.Tell a Vivid Story of Your Pain and Suffering.Describe Your Distress During Recovery.Link Evidence to Your Pain and Suffering.More items...•

How do I get the most out of my personal injury case?

10 Tips for Maximizing Compensation in Your Personal Injury CasePreserve Evidence. The jury is going to decide your case by looking at the evidence. ... Get Medical Treatment. ... Value Your Claim Fully. ... Don't Be Too Eager. ... Explain Why the Offer Is Inadequate. ... Don't Forget Future Damages. ... Build Your Case. ... Don't Wait to File Your Case.More items...

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.

How do you ask for more money in a settlement?

Send a Detailed Demand Letter to the Insurance Company Because the insurance company will likely reply with an offer for an amount lower than what you've asked for in the demand letter, you should ask for between 25 and 100 percent more than what you would be willing to settle for.

How do I make my settlement bigger?

How To Maximize Your SettlementSeek medical treatment immediately.Collect and preserve all evidence.File your personal injury claim as soon as possible.Aim for the full value of your claim.Do not accept the first offer without review.Include past, current, and future damages.

How long do injury claims take?

As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.

Should I accept the first offer on a personal injury claim?

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

How do I counter offer a settlement offer?

From the standpoint of procedure, you will need to make a counter-offer in writing. Be sure you send your letter to the appropriate person, whether that be an insurance adjuster or an attorney. Make it clear that you are rejecting their initial offer and include your reasons for doing so.

How do you quantify emotional distress damages?

With the multiplier method, the first step is to calculate the current and future financial costs of your injuries. Then, damages for your emotional distress are determined by multiplying this amount by a number that is typically between 1.5 and 5.

How long does it take to negotiate a settlement?

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

What is a fair settlement agreement?

A Settlement Agreement (formerly known as a Compromise Agreement) is a legally binding agreement between you and your employer. This usually provides for a severance payment by the employer in return for your agreement not to pursue any claims in a Tribunal or a Court.

How do you scare insurance adjusters?

The best way to scare insurance carriers or adjusters is to have an attorney by your side to fight for you.

How much is a small personal injury case worth?

When it comes to personal injury claims, a "smaller" case means one that is worth less than $20,000, give or take. Any larger than that, and you’re probably going to leave too much money on the table when you settle. When personal injury case settlement values start getting over $20,000, the issues start getting complex, and that is when you need an experienced personal injury lawyer to step in and take care of things for you. Learn why it's a good idea to hire a personal injury lawyer.

Can I file a personal injury claim without a lawyer?

It's usually wise to put your personal injury case in the hands of a skilled professional, but in rare instances it may make sense to handle your claim without a lawyer.

What to do first when filing your own personal injury claim

Your first task after you get proper medical attention for your injury is to collect and preserve any evidence that shows how the injury occurred. You will want to take a full set of photographs of the scene of the incident as soon as possible. Every passing day is another opportunity for evidence to be lost.

Send a demand letter

Identifying the legally responsible party can sometimes be challenging, especially if the incident involved company employees or government-owned vehicles. In a simple case with a single motor vehicle driver as the negligent party, you must give formal notice of your personal injury claim and demand they pay for your injuries and damages.

Determine the value of your claim

The time will come for the insurance adjuster to discuss dollars and cents. How much will you accept to settle your claim? You should be sure to calculate your lost wages, the value of any property damage, the cost of medical treatment, and whether you will need future medical procedures.

The value of an experienced personal injury lawyer

Most people who represent themselves in legal matters assume there isn’t much expertise required to obtain a fair settlement.

What are the types of damages in personal injury?

Two types of damages are used in personal injury claims. The first type is special damages, which include property damage, medical bills, lost earnings and lost earning capacity, and other financial losses related to the accident. Another type of damages is the one not capable of exact calculation, which includes pain and suffering and mental issues that result from the injuries. There are no exact guidelines to determine the settlement value of an injured person’s pain and suffering.

Can you handle your own personal injury claim?

Handling your own personal injury claims, as mentioned, is possible, especially if you have taken legal matters on your own in the past. But for those who are “new” to this and are considering self-representation, here are factors you need to consider:

Insurance Companies Will Always Seek to Pay as Little as Possible

Adverse insurance companies are not out to pay full and fair restitution for injuries sustained in an accident. Adverse insurance companies seek to spend as little money as possible to settle a claim for personal injury.

Accepting Responsibility does Not Mean a Fair Offer

The misconception generally occurs when the victim first has contact with the insurance company and is told by an adjuster that their insured was responsible for the accident or words to that effect.

Your Odds Go Down Without A Lawyer

Any belief that the insurance company will treat an individual without a lawyer the same as one with a reputable attorney stands on shaky ground.

When You Know You Need an Attorney

When attempting to handle a claim on their own, it is usually only after the adjuster first makes an offer of settlement that a personal injury victim realizes that they really need an attorney to help them with the process.

Get a Free Consultation with a Houston Personal Injury Attorney

If you or a loved one have been seriously injured in an accident in Houston, Texas, Call the leading Houston personal injury lawyers at Baumgartner Law Firm for a no-obligation consultation regarding your rights and options.