Can I handle my claim on my own?

If I am going to file a complaint for personal injury do I still need to employ an attorney?

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Answered By: Lacy Fields, Attorney at Law, LLC

Call now: (314) 862-7277

Probably not. Remember that all the requirements of successfully handling a personal injury case are best handled by an attorney. This begins with the very first step - the release of medical records. The insurance company will want you to sign unlimited authorizations, which you should not do! You need a lawyer. Plus, the statistics suggest that an attorney will get you 2 to 4 times more money, and then only take around a third of the settlement. So you typically get more money with an attorney.

Answer Applies to: Missouri - Replied: 4/4/2012

Answered By: The Smalley Law Firm, LLC

Call now: (913) 601-3549

You can handle it on your own. However, I recommend you retain an attorney to ensure that you receive the best possible outcome.

Answer Applies to: Kansas - Replied: 4/4/2012

Answered By: Dwyer, Black & Lyle, LLP

Call now: (716) 373-1920

9.99 times out of 10, you need an attorney. It's just too complicated for a layperson to handle. Talk to a lawyer.

Answer Applies to: New York - Replied: 4/3/2012

Answered By: Merdes & Merdes, P.C.

Call now: (907) 452-5400

Yes, you can always handle your own lawsuit - even a personal injury lawsuit. The questions is whether it is SMART to handle your own lawsuit. Most lawyers comment that when they have legal issues, they hire a good attorney, otherwise they "have a fool for a client." The correct calculus is whether an attorney will provide more value than he/she costs. Since most attorneys cost 33% of your gross recovery, keep that in mind. Consider also the seriousness of your claim - and whether you will need a jury, or not. FWIW, Allstate paid Anderson Consulting a ton of money to study this issue in the early 1990's. Allstate/Anderson concluded that it absolutely, positively cost Allstate more than an additional 33% when a competent attorney becomes involved in a personal injury case. That is why Allstate tries so darned hard to talk injured folks out of hiring an attorney ... to save money. I hope this helps.

Answer Applies to: Alaska - Replied: 4/2/2012

Answered By: Fox Law Firm LLC

Call now: (630) 963-5172

It is always good to have an attorney represent you in a personal injury claim. Depending on where you are in your progression, you may not need to file a complaint, you may just need an attorney to set fire under the insurance company to settle your claim for a fair price. Consult an attorney today.

Answer Applies to: Illinois - Replied: 4/2/2012

Answered By: The Lucky Law Firm, PLC

Call now: (225) 387-5656

No, you do not have to hire an attorney, however, research shows that people who hire an attorney often recover 3 to 5 times more than if he/she had handled it on their own. Additionally, depending on the type of case and the type of injury, there are certain pitfalls that someone who is not familiar with handling similar cases will not recognize and which could be detrimental to ones case. If you do not hire an attorney, beware you could be harming your case beyond repair.

Answer Applies to: Louisiana - Replied: 4/2/2012

Answered By: Douglas J. Smith, Attorney

Call now: (405) 360-2660

You can handle your own claim, but if you have serious injuries, I recommend you talk to an attorney first before signing anything.

Answer Applies to: Oklahoma - Replied: 4/1/2012

Answered By: Attorney & Counselor at Law

Call now: (303) 670-1043

Yes, it is ALWAYS better to have an attorney. How much do you know about the legal process really.

Answer Applies to: Colorado - Replied: 4/1/2012

Answered By: Klisz Law Office, PLLC

Call now: (313) 402-0853

You don't have to, but insurers will never offer you fair value for your claim because they can, and it saves them attorneys fees as well.

Answer Applies to: Michigan - Replied: 3/31/2012

Answered By: David F. Stoddard

Call now: (864) 375-0000

It always helps to have an attorney. If you expect your damages to be $7,500 or less, you can file in Small Claims Court. it is still best to have an attorney, but small claims court is easier for non-lawyers to get through. If you expect you damages to be more, try to get an attorney.

Answer Applies to: South Carolina - Replied: 3/31/2012

Answered By: R. D. Kelly Law Firm, P.L.L.C.

Call now: (206) 623-3702

In general, if your claim is less than $5,000 or so, it might be a good idea for you to use small claims court. Your chances of getting what you want improve when you retain an attorney, though.

Answer Applies to: Washington - Replied: 3/30/2012

Answered By: Law Office of Gregory Crain

Call now: (501) 332-4300

If you're filing a suit, yes. If you file a claim with the insurance company probably.

Answer Applies to: Arkansas - Replied: 3/30/2012

Answered By: Lapin Law Offices

Call now: (402) 421-8033

You do not have to have an attorney when filing a personal injury case for yourself. However, if the at-fault person or company is insured, the insurance company will hire an attorney for them so you will be at a disadvantage. In addition, without trying to insult you in any way, there is truth in the old proverb that says, "He who is his own lawyer has a fool for a client." If you represent yourself in any court other than Small Claims Court you are still bound by all of the rules of civil procedure and evidence. Judges and other court personnel cannot give you legal advice. I would strongly suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can then decide whether you still want to represent yourself or hire an attorney.

Answer Applies to: Nebraska - Replied: 3/30/2012

Answered By: Pingelton Law Firm

Call now: (573) 449-5091

If you can take out your own appendix, then you can handle your own claim. Good luck with that.

Answer Applies to: Missouri - Replied: 3/30/2012

Answered By: Salladay Law Office

Call now: (208) 333-9600

You can always handle the claim on your own, but you have much less experience in dealing with insurers and experience counts. An insurance company will take advantage of you if it is possible- they are not interested in "giving" away money and will make every effort to settle a claim for as little as possible. Short answer- yes you can represent yourself but it is at your own risk and it is not a very good idea.

Answer Applies to: Idaho - Replied: 3/30/2012

Answered By: Blackburn Law, PC

Call now: (208) 898-9442

I don't know how to change the valves in my car's engine. I hire a mechanic to do that. Unless you have significant experience with legal matters, why would you try to navigate the legal process on your own? There are traps for the unwary, many of which will occur shortly after you've served your lawsuit if you haven't drafted it correctly, and then your case will be barred. In Idaho, you will be held to the same standard as an attorney should you choose to navigate the legal system on your own. With that in mind, if you know the meaning of these terms off the top of your head without looking them up, then you're probably good to try it on your own: subject matter jurisdiction, personal jurisdiction, duty, breach, causation, damages, proximate cause, subrogation, special damages, general damages, collateral source, summary judgment, burden of proof, IRCP 12(b)(1-6), etc. Regardless of your knowledge, you should probably consult with an attorney prior to filing your lawsuit.

Answer Applies to: Idaho - Replied: 3/30/2012

Answered By: Tenge Law Firm, LLC

Call now: (303) 665-2929

Yes, but at a minimum, consult with some injury attorneys no matter what. Most initial consultations are free.

Answer Applies to: Colorado - Replied: 3/30/2012

Answered By: Hynum Law Office, LLC

Call now: (601) 583-2608

Technically you have the right to represent yourself in court although it is usually a bad idea. If you are not a lawyer you are not likely to know what the substantive law is in regard to your case, what evidence is admissible and what is not admissible, what procedures to follow in regard to your filings, what procedures to follow in court, what deadlines have to be met to keep your case from being dismissed, and you would not know how to respond to particular motions the defense files. Its been my observation that most people who try to represent themselves on even a simple matter like an uncontested divorce screw it up, and a personal injury case is a lot more complicated than that.

Answer Applies to: Mississippi - Replied: 3/30/2012

Answered By: Goodman & Goodman PA

Call now: (410) 685-3432

Although there is no requirement that you hire a personal injury lawyer to represent you, it would be advisable that you do so. A lawyer will know your rights regarding all possible insurance coverages. In addition, after you have completed treatment for your injuries, a lawyer will be able to assess the value of your claim based on their experience. You would only be guessing as to value. Please feel free to call me if you would like me to assist you with your claim.

Answer Applies to: Maryland - Replied: 3/30/2012

Answered By: Lennon Miller O'Connor and Bartosiewicz PLC

Call now: (269) 381-8844

The answer to the question is really another question. Do you think an insurance company is writing checks because they are nice people handing out charity or are they a business trying to make a profit for their owners? If you were an insurance company would you pay more money to avoid a fight with a house cat or a lion? Would you feel more comfortable performing an appendectomy on yourself or hiring a skilled surgeon to perform the operation? Contingent fee agreements are offered by virtually every attorney handling these types of cases in the state of Michigan. A contingency fee agreement means there is a no fee guarantee, if the attorney does not recover money for you, there is no attorney fee paid. The contingency fee agreement operates as a financial incentive for the attorney to recover as much money for you as possible because the amount of the attorney fee is directly proportional to the amount of money recovered for you. Even if I had a case with all of my experience and knowledge, I would still pay an attorney to represent me. As Abraham Lincoln once said: "an attorney representing himself has a fool for a client". The point of that statement is that an attorney is just as likely as any client to become emotionally invested in a case of their own and not necessarily operating as a dispassionate advocate in pursuit of the best possible outcome. The majority of attorneys in Michigan build a successful practice not through advertising but through word-of-mouth recommendations from former clients to potential new clients. If you do not know how to find an attorney the best way to start looking is to ask family members and friends if they know a lawyer or know of a lawyer who might be able to help. Surveys of the population in general find that attorneys are unpopular; however, former clients surveyed about their particular attorney are generally satisfied with the work the attorney performed. Do I believe someone injured should hire an attorney to represent them? Absolutely and unconditionally "yes" is the answer.

Answer Applies to: Michigan - Replied: 3/30/2012

Answered By: Law Office of Patrick E. Donovan, PLLC

Call now: (603) 893-1177

Not necessarily. You can always represent yourself, although I do not recommend it.

Answer Applies to: New Hampshire - Replied: 3/30/2012

Answered By: Downriver Injury and Auto Law

Call now: (734) 307-3800

No one should have to hire an attorney, but you can't know as much as an attorney. As a consequence, you will never get as much as an attorney will get you.

Answer Applies to: Michigan - Replied: 3/30/2012

Answered By: Joel H. Schwartz, P.C.

Call now: (617) 742-1170

I would never advise anyone to try to handle their own personal injury claim. The Insurance Research Council found that, on average, you will receive 40% more by hiring an attorney. If you have a medical issue, you contact a medical expert. This is a legal issue, and it makes sense to have a legal expert overseeing the matter. The insurance company will take advantage of you. I have seen it time and time again. It just makes sense to speak with an attorney for a free consultation to know your rights and what you may be entitled to.

Answer Applies to: Massachusetts - Replied: 3/30/2012

Answered By: Ford, Howard & Cornett, P.C.

Call now: (256) 546-5432

You have the legal right to proceed pro se (without an attorney). With that said, I have often seen pro se parties get "eaten alive" by lawyers. If the other side hires a lawyer, you should seriously consider consulting with an attorney.

Answer Applies to: Alabama - Replied: 3/30/2012

Answered By: The Torkzadeh Law Firm

Call now: (310) 935-1111

I would never advise someone to file a complaint on their own. There are many procedural issues that may prevent you from effectively representing yourself throughout the course of litigation.

Answer Applies to: California - Replied: 3/30/2012

Answered By: Andrew T. Velonis, P.C.

Call now: (315) 579-3108

Unless this is a small claims action for a few hundred bucks, then no you can't handle a claim on your own and yes you do need an attorney. There are many rules, procedures, exceptions, requirements etc. and it is very easy to get tripped up. I replaced a doorknob on my front door a few weeks back. Easy. It only took me a few minutes and it works fine. A couple of years ago, I had my water heater replaced. How hard could that be? A few pipes, a few wires, no big deal, right? I hired someone who knew what he was doing.

Answer Applies to: New York - Replied: 3/30/2012

Answered By: Wilson & Hajek,LLC, a personal injury law firm

Call now: (434) 202-8181

It is up to you as to how you handle your claim. Statistically, studies have shown that attorneys are able to obtain substantially larger recoveries for injury victims. I think this is because an attorney has knowledge of what similar claims might bring, based on his experience in handing many similar claims. Most experienced injury attorneys offer a free consultation. You should take advantage of this offer to see what your options are and then make a decision on how to proceed.

Answer Applies to: Virginia - Replied: 3/30/2012

Answered By: Howes & Anderson, P.C.

Call now: (515) 225-9000

You can always handle your own claim and file your own lawsuit. However it is often wise to hire an attorney to represent you to make sure that everything is done properly and that you receive all the damages and compensation that you are entitled to as a result of the incident. Most personal injury attorneys are willing to take cases on a contingency fee basis so that you will not have up front costs or monthly bills. The attorney's fee is a percentage of the final settlement or recovery.

Answer Applies to: Iowa - Replied: 3/30/2012

Answered By: Bernard Huff, Attorney/Mediator

Call now: (317) 542-8540

You should at least consult with a personal injury lawyer so that you will be informed of all the relief to which you are entitled .

Answer Applies to: Indiana - Replied: 3/30/2012

Answered By: Bulman Law Associates PLLC Injury Law Firm

Call now: (406) 721-7744

A victim with a serious injury who represents themself, has a fool for a client. If it is a minor injury you have recovered from, go ahead and negotiate.

Answer Applies to: Montana - Replied: 3/30/2012

Answered By: Steven Harrell, Attorney at Law

Call now: (478) 987-7065

Yes. You should always employ an attorney to handle a personal injury claim.

Answer Applies to: Georgia - Replied: 3/30/2012

Answered By: Paul Whitfield and Associates P.A.

Call now: (704) 372-8322

If there is clear liability and a genuine injury you always need a personal injury lawyer. The ante goes up when the insurance company knows they have to deal with a person who knows what is going on. If you have a petty claim and want to play with it file in the Judge Judy (small claims) court. If you have a serious claim always see a personal injury lawyer.

Answer Applies to: North Carolina - Replied: 3/30/2012

Answered By: Kelaher Law Offices, P.A.

Call now: (407) 841-7698

It is not absolutely necessary to hire an attorney, but if you want to get a good result, you are better off hiring one; the chances are that you will end up with more money after the attorney takes his or her contingent fee share than if you tried to do it on your own. Additionally, filing a lawsuit is a complicated matter and I would never recommend that someone undertake to do that without legal knowledge or without representation.

Answer Applies to: Florida - Replied: 3/30/2012

Answered By: Law Office of Jared Altman

Call now: (914) 737-0200

It would be almost impossible to do it yourself.

Answer Applies to: New York - Replied: 3/30/2012

Answered By: Lombardi Law Firm

Call now: (515) 222-1110

In America no person with a personal injury claim is required by law to employ a lawyer. But if you don't hire a lawyer how will you know what to do and when to do it? Will you agree with me that to fix a leaky pipe you need to know something about plumbing? Assuming you agree with that premise, isn't the practice of law 100 times more complex than plumbing? So my question is why wouldn't you hire a lawyer to assist you with a legal claim? The practice of trial law isn't something you can pick up by reading a book over a weekend. I've been doing it for over thirty years and still make mistakes. Remember on the opposite side is someone trying to wreck your case.

Answer Applies to: Iowa - Replied: 3/30/2012

Answered By: David Francis Law

Call now: (702) 255-0700

You may have heard this before. "He who represents himself has a fool for a client." No, you don't need an attorney to file a lawsuit, but it is highly advisable that you at least consult with one before doing so.

Answer Applies to: Nevada - Replied: 3/30/2012

Answered By: Law Offices of David W. Hibbert

Call now: (770) 414-8055

You don't have to hire an attorney . However, if you are fighting with an insurance company , you will have several layers of trained professionals opposing you in the matter. They will know the procedures and tactics necessary in court , you probably will not. You may also remove your own appendix , though that is not recommended either. There's an old saying "A lawyer who represents himself has a fool for a lawyer." Most folks are too close to the incident to see it objectively and properly present the case and facts.

Answer Applies to: Georgia - Replied: 3/29/2012

Answered By: Carter Boyle LLC

Call now: (303) 501-1825

Anyone is allowed to represent him or herself. Keep in mind you need to know and understand the law and the rules that govern your case. The path is fraught with peril. In fact, even lawyers mess up sometimes and then get sued for it. Also, your lawyer will bring fresh perspective, an outside view, and expertise from having handled similar cases before yours. Finally, in most situations, the value of your claim goes up when a lawyer represents you. The famous legal maxim holds true, "he who represents himself has a fool for a client."

Answer Applies to: Colorado - Replied: 3/29/2012

Answered By: Ferguson & Ferguson

Call now: (256) 534-3435

If you file suit, you will probably lose without an attorney. If an attorney will not take the case, it probably is too small or not worth them taking.

Answer Applies to: Alabama - Replied: 3/29/2012

Answered By: Law Office of Dean B. Gordon

Call now: (559) 221-7777

You have the right to represent yourself. You also could perform surgery on yourself. Neither is a very good idea.

Answer Applies to: California - Replied: 3/29/2012

Answered By: Michael J. Sgarlat Attorney at Law

Call now: (703) 549-2000

Its usually a mistake to try and handle a case without some expertise in civil litigation and everything that goes with it. Don't be foolish, seek the advice of counsel.

Answer Applies to: Virginia - Replied: 3/29/2012

Answered By: Broad Law Firm, LLC

Call now: (317) 566-2134

You are not generally required to hire an attorney in a personal injury case, but it would be wise to do so.

Answer Applies to: Indiana - Replied: 3/29/2012

Answered By: Law Office of Mark J. Leonardo

Call now: (310) 456-7373

If you are handling in small claims, this should not be a problem. If you are filing in the Superior Court and your opponent has insurance, they will provide the opponent with an attorney. You will be at a severe disadvantage at that point not knowing the rules of civil procedure or how to conduct a case, discovery and eventually trial if it got that far. You would be far better off utilizing an attorney who will likely charge you on a contingency basis where the fee is not paid until you settle or collect on a judgment.

Answer Applies to: California - Replied: 3/29/2012

Answered By: The Murphy Law Firm

Call now: (469) 219-1202

You can handle your claim on your own. However, please keep in mind, that unless you are highly experienced in handling claims, it would bot be to your advantage to do so. It would be better for you to speak with an attorney. The attorney will be in a better position to determine what claims you may have as well as give you a range of damages for your claim.

Answer Applies to: Texas - Replied: 3/29/2012

Answered By: Paris Blank LLP

Call now: (804) 355-0691

If you want a full and fair settlement, you should get an attorney.

Answer Applies to: Virginia - Replied: 3/29/2012

Answered By: Ezim Law Firm

Call now: (225) 929-7785

You can handle it yourself but you will probably receive about 3 times less than you would if you had an attorney representing you.

Answer Applies to: Louisiana - Replied: 3/29/2012

Answered By: Parks Law Group

Call now: (251) 441-9188

You do not need to retain an attorney to handle your claim. You should consider, though, that attorneys are often able to negotiate a larger settlement for clients. Insurance companies would rather you handle the case on your own because, chances are, the average person is not as experienced as an attorney with all the nuances involved in a lawsuit. You can do it yourself and may do a very good job. Be cautious because insurance companies will take advantage of such an opportunity!

Answer Applies to: Alabama - Replied: 3/29/2012

Answered By: The Law Offices of Barry Regar

Call now: (760) 837-3555

Abraham Lincoln once said that a litigant who represents himself has a fool for a client. Having said that I would advise that you consult with an experienced personal injury attorney about your case before you decide to represent yourself. Most personal injury attorneys offer a free consultation and then accept the case on a contingent fee basis. You have the legal right to act In Pro Per as your own attorney. You can file the complaint and pay the filing fees. You can even proceed through the litigation process and go to trial as your own attorney. I would caution you that there are many pitfalls lurking for the lay person during a litigation process that you may or may not be able to handle. I know nothing about your knowledge and experience. If your injury is serious you may not know how to obtain necessary medical treatment and evaluation. You most likely will not know the true value of your case and would be at a disadvantage against experienced insurance adjusters and their defense attorneys. Good luck.

Answer Applies to: California - Replied: 3/29/2012

Answered By: The Law Office of Harry E. Hudson, Jr.

Call now: (209) 463-9715

Can you do this on your own. Sure. The question is, should you? The answer to that is see a personal injury attorney who gives free consultations and see if your case is complex enough that you need an attorney. Generally you should have one.

Answer Applies to: California - Replied: 3/29/2012

Answered By: Adler Law Group, LLC

Call now: (860) 282-8686

Most of the time you will need an attorney you want proper compensation. Also. You will not be a ble to navigate a law suit without proper experience and expertise. Would you treat yourself with a complicated medical problem or go to a doctor.

Answer Applies to: Connecticut - Replied: 3/29/2012

Answered By: Ewusiak & Roberts, P.A.

Call now: (727) 724-5796

While corporations cannot generally represent themselves, individuals can. However, you should factor in the reality that a mistake on your part in the process could result in dismissal. Judges do tend to give some deference to unrepresented parties, but they ultimately hold them to the rules of procedure which are complicated. Moreover, my experience is that claimant net more when they hire a good lawyer, even though they have to pay a percentage as a fee.

Answer Applies to: Florida - Replied: 3/29/2012

Answered By: EJ Leizerman & Associates

Call now: (419) 243-1010

There is no requirement that you have an attorney. You may want to at least speak with one to understand your options. I would strongly recommend a good attorney if you have been permanently injured or your injuries have severely changed your lifestyle or ability to work.

Answer Applies to: Ohio - Replied: 3/29/2012

Answered By: Bruce Plesser

Call now: (727) 421-9784

You do not need one but if you weren't a doctor would you try and cure yourself.

Answer Applies to: Florida - Replied: 3/29/2012

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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