Any adult must learn to file a personal injury claim without a lawyer since you never know what accidents you might have. A lawyer is advantageous in such claims, but they are often expensive, so consider doing it yourself.
Knowing how to deal with injury claims on your own will save you legal fees, and it’s possible since most claims don’t go to court.
Some cases are complex, and you will need the help of an experienced personal injury lawyer to get the best outcome. Let us get into the details of how you can approach a personal injury claim on your own;
How To File Personal Injury Claim Without A Lawyer
Hiring a lawyer can be difficult, and it will only add to your stress after you’ve been in an accident. In severe cases, it is best to get a lawyer since there is more at stake and the case is more complicated. Simple car crashes and minor accidents don’t always call for lawyers.
The good news is that you can file a personal injury claim and get compensation without hiring a lawyer. You only need to prepare, do research, and persist as follows;
1. Gather Evidence to Back Your Claim
The first step is to collect evidence that will prove the personal injury. This will include police reports, photos of the accident, pictures of the injury, witness statements, medical records, hospital bills, etc.
The more evidence you can present, the better your chances of winning the case. Ensure you keep all medical bills, transport receipts, and other expenses related to your injury.
2. Write A Demand Letter
A demand letter asks the accused party to perform a given legal obligation. It could be addressed to the person who caused your injury, the company, or the insurance company.
Ensure you include all relevant information about the accident in the demand letter. Include the accident’s date, time, and location, and describe your injuries and expenses. Make sure you use truthful information to support the evidence you collected.
Discrepancies between your demand letter and evidence or police reports will weaken your case.
3. Negotiate a settlement
After they respond to your demand letter, you will likely have a chance to negotiate a settlement with the individual or entity that caused your injury. You should carefully consider the amount you want and consult with specialists if necessary.
The settlement should cover the damages and bills you incurred due to the injury. If it is a significant accident, then the case is more complex, and you should get a lawyer to cover all possibilities. More minor cases can be settled early without the need for court appearances.
5. File a lawsuit
You will only file a lawsuit if the negotiations don’t end in a settlement. It could be that the other party is unwilling to accept fault or pay the amount you wanted.
If you file a lawsuit, you must go before a judge who will hear the case, review the evidence, and give a settlement.
If the matter goes to court, you can represent yourself if you prepare well. Read court procedures and rules to respect the officials leading the case. This is the best choice if you are going against an individual.
If the case involves a big company or large sums of money, you should get a lawyer to handle it, as the accused will fight back.
How to Negotiate A Personal Injury Settlement
If you file a personal injury claim without a lawyer, the best case scenario for you is that it ends with a settlement outside the court.
For this to happen, you should know how to handle the negotiations and get a fair deal. Here is a quick guide to get an agreeable deal;
1. Establish a good rapport
You should create a good rapport with the insurance adjuster or mediator to ensure that they consider your case reasonably.
If you come off as too demanding or rude, they might lean towards the accused, and you might get a bad deal, forcing you to go to court.
2. Maintain control of the information
Make sure you account for all the loopholes when doing research, so you have answers to all rebuttals by the accused. This strengthens your claim, so they will be more hesitant to take it to court, and you can get a settlement easier.
3. Get reasonable and necessary medical care
Do not get unnecessary medical procedures that have nothing to do with the accident then use the expenses in a settlement negotiation. Any decent lawyer will see through this, which could ruin your entire case.
4. Have reasonable demands
Negotiations rely on goodwill from both parties, so you should not try to rip off the accused. Use the extent of your injury and the money you’ve spent to get the sum to ask for. Add the medical expenses, lost income, projected future expenses, and property damage.
It is best to consult a personal injury attorney at this stage so they can get you an accurate figure that is defensible in court. A good number will mean a fair settlement both parties can live with.
5. Account for the Statute of Limitations
The statute of limitation dictates how long you can file a personal injury claim before it becomes invalid. It varies between 2 and 4 years in most states, so you should look into yours. The best thing is to file the claim as soon as it happens.
If the time passes, you can’t legally bind anyone to the claim, so you will not get compensated.
Conclusion
Hopefully, you now understand how to file a personal injury claim without a lawyer and how to get a fair settlement. For minor cases, it is best to get a reasonable settlement number and resolve the matter before the matter has to go before a judge.
Think of your injury and what it means for your future, then draft a settlement offer that reflects it. Consult personal injury lawyers to help you with this, and keep them in the back pocket in case you have to go to court.
