Personal injury claims do not require the services of a lawyer at all. If you have been injured by someone else’s actions and wish to sue, you can do so without the assistance or even the presence of a lawyer.
95% of personal injury lawsuits are settled before they actually go to court. You can represent yourself at all stages of the process, including settlement negotiations.
A study conducted by the Insurance Research Council revealed that claimants win 3.5 times more in settlement compensation when represented by an attorney than injury victims who handle the matter themselves.
So while it is advisable to use a lawyer, you are by no means obliged to.
For example, there are car accident lawyers in St Louis who offer their services on a contingency basis. This means you don’t pay unless they win your case.
Let’s look at the process and what you need to do.
Work Out the Amount of Damages You Intend to Claim
Since this is the most critical part of your case, you need to evaluate all expenses in order to prove them if necessary, in a court of law.
You are entitled to claim all repair costs for your vehicle. This can easily be proved by using the repair invoices.
All medical expenses relating to the accident are claimable, so it’s essential to compile a list with proof of expenditure of all medical costs.
Include all future medical and rehabilitation costs. These can be more costly than the previous medical treatment, especially ongoing expenses.
Pain and suffering need to be evaluated and an amount apportioned. This is a tricky aspect of the law, and there is no substitute for experience. Still, you can reference other cases and then pitch your amount at a similar figure.
Contact the Insurance Companies and Try to Negotiate a Settlement
Remember that an insurance company’s first offer is hardly ever acceptable.
Negotiation with insurance companies is complex, and experience counts a great deal.
Insurance companies do not take unrepresented claimants seriously. As a result, they are likely to make you much lower offers than they would be prepared to make to your attorney.
You will need to assess any offers made and then decide whether they are fair offers or not. Once satisfied that the offer is fair, you can then accept.
The insurance company will draft a settlement agreement. You must then make sure that the agreement correctly reflects the agreement as you understand it and does not prejudice you in any way.
Remember that there is no going back when you sign the settlement agreement. You cannot later approach the court to increase the amount for any reason whatsoever.
Prepare for Your Day in Court
If you do not manage to settle, you need to prepare for your day in court.
Court procedures are quite complex but are clearly outlined. Your lawyer will be familiar with many nuances of court proceedings.
When in court, listen very carefully to what is being asked of you and comply with the request. Do not say more than you are asked to say.
In Summary
Unless you are a unique individual with lots of legal experience, you would be well advised to appoint an experienced and specialized personal injury lawyer. Handling your own matters will save you some money. Still, almost inevitably, you will end up with less in your pocket than you would have had you appointed your lawyer.