Negotiate Your Own Personal Injury Settlement
You Don't Always Need a Lawyer But They Won't Tell You That
An attorney hired to represent you, is rightfully entitled to between 33% and 40% of any damage award received by you as the plaintiff through a trial or settlement. Depending on the extent of your injury, and how much time and effort you are willing to give to resolving your case, you can increase your settlement award by 33% to 40% by "doing it yourself."
Eight out of ten personal injury cases, whether an auto accident, slip and fall, or physician or hospital error, do not go to trial. In other words, there are no official legal maneuverings, just a war of carefully selected words between the two parties. These communications, most often in writing, are designed to insinuate and present evidence that the injured party is willing and prepared to take the matter before a judge if necessary. In truth, it's little more than a game of poker, with bluffing and posturing as the two main techniques.
Many attorneys will not represent a plaintiff if the award is not likely to be substantial. These same attorneys will lead you to believe you do not have a "case", when what they mean is that you do not have a "case" they are interested in pursuing. This is the primary reason less dramatic injury cases are not resolved in the interest of the injured party, and rightfully deserved compensation is not received. If you feel an award of $10,000 is fair compensation for your injury, then be prepared when your lawyer takes $4,000 for writing a few short letters and perhaps making a phone call or two.
Whatever your case involves, it's best to do research on your own, regardless of whether in the end you decide to leave the paperwork to the attorneys, or "do it yourself." A wealth of information is available at your fingertips and two of the very best, and easiest to navigate websites are www.nolo.com and www.findlaw.com.
Before you dismiss pursuing compensation for your injury and suffering because an attorney has brushed off your case as not worth pursuing, or whether you lack belief in yourself to present the facts in a logically persuasive manner, read these 10 tips, and decide for yourself whether you are willing to make the effort to pursue your entitlement to monetary compensation for your injury and suffering.
1. Communicate in writing only. Bear in mind, insurance companies will press you to communicate by phone; but it is your right to resolve your case entirely through written correspondence, thereby providing an indisputable record of events that may be referred to at anytime. Your correspondence should be letter perfect in grammar, spelling, and punctuation. Use a numbered list of questions and points to be addressed and don't hesitate to point out the insurance company's failure to respond specifically. If you don't have effective writing abilities, with the ability to use concise and clear wording, find someone who does, even if you have to pay someone.�
2. Do not release medical records to the insurance company, but do give a precise, factual, and medically detailed account of the incident.�
3. Be prepared with an expert opinion to support your claim. However, do not release the expert's findings unless negotiations become stalled or without the understanding that the expert would testify in court, if necessary.�
4. Do not use inflammatory wording. Leave emotions out, but allay the seriousness of your injury with words like "permanent", "lifelong", etc. but only if these words truthfully represent your injury.�
5. Make your monetary demand without apology and generally choose a starting figure twice as much as you are willing to accept.�
6. Take photographs and video of your injury and inform the insurance company of the availability of this information.�
7. Respond to requests for information in a timely but not immediate fashion, to allow for thought and consideration and perhaps consultation with an attorney. Be aware of the time limitations in your state to file a lawsuit, often two years.�
8. Keep detailed, dated records of mailings - -certify important correspondence. Of course, make copies of any and all bills relating to your injury.�
9. Resist the insistence of well meaning friends and family to "get a lawyer" until and unless you've determined that you are not willing to put forth the personal effort to resolve your claim.�
10. Remind yourself that you have every right, morally and legally, to pursue fair compensation for your injury and suffering.
And finally, be proud of yourself for adding another accomplishment to your list of "do it yourself" projects!
Published by Sandra Webber
Sandra Webber writes from personal knowledge, experience and sincere interest in her subjects. Her passion is to educate, entertain and inform. View profile
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- Doing it yourself is easier than you think.
- Don't be swayed by insurance company pressure tactics.
- Be aware of your state's statutes of limitations.
12 Comments
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Only a fool represents themselves in a personal injury case. Nine times out of ten you deal with insurance adjuster who smell blood in the water as soon as the opposing party remains unrepresented. The adjuster is trained to pressure you to settle by preying on your need for closure and need for cash. Even with a small amount an attorney is your best move. Simply a "couple of letters" can turn a $1500 offer into a $5000 one. Sure the attorney takes 1700 but 3300 is always better than 1500 and that is just small cases. I pseak from experience.
Thanks, Josie! Just do your homework, be concise and factual, and cross all your t's - and be passionate! No one will find as hard for you as you!
I think this is a grand idea. I am an intelligent person and I love to read and do research. I studied briefly, to be a paralegal. So I believe that I can represent myself. I have represented myself on 2 occasions concerning the law. Both times I have won. Many times the judge's show a lot of respect for a "lay person". Maybe the courts are tired of the same old boring "attorney representation" and want something "new" in the courtroom, and that newness can be you. This is a great website Sandra. Keep up the good work. Thanks
Hiring an attorney or not, you still have to do your own research. You must be involved with your case 100%. You must not trust your attorney 100%. You must trust yourself; you are the one that feels your pain. Read, and talk to someone about your claim; the more information you have, the more confident realistic you'll be.
There are always professions that some people can do on their own, such as legal matters, real estate, home medical remedies, financial planning, doing your own taxes, car repair, home repair, etc., but I think a person really needs to think hard about their abilities compared to what they are attempting to achieve before striking out on their own.
I'm getting to the point at which I think I'll be negotiating with one of several defendants I am suing pro se for a personal injury.
I'm wondering if I should offer, as an incentive, a lower settlement figure to that defendant in return for him testifying agains the other defendants... THe overall settlements of all defendants would far outweigh any reduction I make in the initial settlement.
I'm in Vermont and I'm wondering if this is something that is honest, ethical and legal.
Great points. Do not be fooled - a personal injury attorney and the doctor's they "do business with" will always end up with the majority of your settlement. By doing it yourself you can and should end up with at least as much money in your pocket as you would have gotten from the attorney. The difference is, it will not take 3 to 6 months to get it.
I would NEVER try to take on a personal injury claim case without consulting a lawyer. Even if you did win the case, you would only get a fraction of what could have been given to your had you used an attorney. MAYBE handling your own personal injury law suit is ok until you either settle outside of court, or their offer is too low. If you choose to go to court, or are unhappy with their offer... an attorney is a MUST!