Can You Make a Personal Injury Claim Without a Lawyer?

You’ve been involved in a car accident that wasn’t your fault, and it has left your car beyond repair. You’ve also suffered a serious injury due to someone else’s negligence, making it impossible for you to work for the next three to six months. This gives you the right to pursue a personal injury case against the responsible individual or business.

You have two options: you can represent yourself and potentially keep the entire settlement, avoiding lawyer’s fees (typically a third of the settlement). Alternatively, you can work with a personal injury attorney who will charge a contingency fee only if you receive compensation. 

While it may seem straightforward to represent yourself, especially if you believe you have a strong case, there are many reasons why hiring an attorney is beneficial. 

1. Large Damages Typically Mean Extensive Opposition

In the event that you suffer significant losses as a result of an accident (for example, lost income, emotional distress, and medical expenses), the compensation you receive from the responsible party’s insurance company could be a large sum of money.

This also means that you’ll likely face significant legal opposition in recovering compensation for your medical bills and other out-of-pocket expenses. Insurance companies have highly effective in-house teams dedicated only to the settlement of personal injury cases.

As an individual representing yourself, this means that you’re at a significant disadvantage. With an experienced personal injury attorney on your side, the playing field is leveled. Your chances of a successful claim are much higher. 

2. You May Be Entitled to More than You Think

In many personal injury cases, victims incorrectly assume that they’re entitled to a far smaller amount of compensation than the reality. Because of this, many self-represented victims take the first amount they’re offered by an insurance company.

Experienced personal injury attorneys understand not only the process of making a successful personal injury claim but also the average sums that are awarded in court or typically provided as settlements.

As a personal injury victim, it’s easy to underestimate the true cost of an injury. From medical treatment to lost wages, the scope of damages from an injury can often extend beyond your initial assumptions. 

Because of this, it’s always best to work with an experienced personal injury attorney who can assess the damages related to your injuries and their relevance to a fair settlement. 

3. Representing Yourself Is Complex and Stressful

While television shows and movies may make representing yourself in a lawsuit or personal injury claim seem simple, the reality is that the personal injury claim process is fraught with difficulties for people without legal qualifications and experience. 

From calculating economic and non-economic damages to preparing a demand letter, negotiating a settlement, and more, the process of making a personal injury claim is extremely challenging. Add a hostile opposition into the equation, and it’s easy for even a “certain” claim to crumble without the right assistance. 

It’s also important to remember that the personal injury claim process takes place in the wake of an accident that has left you injured and seriously affected — a situation that’s already difficult, even without the extra stress of legal proceedings. 

As a result, making a personal injury claim yourself is rarely the best approach, no matter how confident you are in the strength and validity of your claim. 

4. Hiring a Personal Injury Lawyer Is Always the Best Option

As an injured party, the best option is always to seek the services of a personal injury lawyer.

The right attorney will be able to review the evidence surrounding your injury and inform you of whether or not you have a valid personal injury case. If you have a claim, they will be able to fight your case on your behalf, maximizing your likelihood of a satisfactory settlement.

For our clients, we offer a no-recovery, no-fee contingency arrangement. This means you won’t have to pay anything unless you receive a favorable verdict or settlement from the insurance company.

FAQs

How much does it cost to hire a personal injury attorney?

Personal injury lawyers typically work on a contingency fee arrangement. In this arrangement, the lawyer receives a percentage of the settlement or award. This percentage usually ranges from 30% to 33% of the total amount. If the case goes to trial, the percentage may be higher due to the additional work involved.

How long do personal injury claims take?

The duration of a personal injury lawsuit can vary significantly. In California, it typically takes three months to one year to settle. The exact timeline depends on various factors, including the severity of the injuries and losses and whether the parties are willing to settle out of court. A wrongful death case can take longer due to its complexity. 

What is the statute of limitations for personal injury cases?

In California, the statute of limitations for personal injury lawsuits is generally two years from the date of the accident or injury. However, a few exceptions may extend or toll the two-year time limit. These include cases involving minors or when the injury was not immediately discovered.

What if I’m partially at fault?

If you are partially at fault for an accident in California, you can still recover damages under the state’s comparative negligence rule. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 30% at fault, your total damages will be reduced by 30%.

Contact DK Law for a Free Consultation 

While you can file a personal injury lawsuit on your own, you’ll have the best chance of a successful claim by retaining a personal injury lawyer.  

As a premier personal injury firm, DK Law has helped thousands of clients successfully receive favorable personal injury settlements. Our experienced team can help you learn more about your rights and legal options in the event that you suffer injuries in an accident. 

Contact our law firm today for a 100% free, no-obligation case evaluation.