So you think you don't need a lawyer?
If you are trying to handle your own personal injury auto accident
case, we think you are making a mistake proceeding without an
experienced personal injury lawyer, much less not having any lawyer at
all. We will explain in great detail the reasons why it is typically a
bad idea in the vast majority of cases here. But we also know some
people are going to proceed without a personal injury lawyer. When you
do so, and damage all or part of your case, you decrease the overall
value of personal injury cases for all victims, including our clients.
So we offer here some advice on how to proceed if you do choose to
tackle your case on your own. Obviously, this should not be construed
as legal advice to you, but rather just some things to consider if you
are trying to handle your own personal injury car accident case.
Get Your Own Pictures
Preserve photos of your vehicle, any visible injuries that you have,
and the scene of the accident. This is critical to establishing
liability and the scope of your injuries.
Get the Medical Treatment That You Need
Some people ask their lawyer how much medical treatment they should
receive. It is a good question. The answer is that you should listen to
your body and listen to your health care providers. If you do that, you
will get as healthy as possible as quickly as possible while doing the
best thing for your case. There are people that receive more treatment
than they need, thinking that they are creating value for their case.
Sometimes they are, but in the vast majority of cases, they are not
increasing the value of their case -- only the medical bills they are
required to pay back. These people are also taking up the time of a
doctor or other health care providers who could be using that time to
treat someone who really needs help.
Do Not Give a Recorded Statement or
Allow the Insurance Company’s Doctor to Give You a Medical Exam
Most adjusters tell injury victims that to process their claim, they
need to give a recorded statement and have their doctor do an
evaluation. This is nonsense. Recorded statements and insurance company
medical exams (which they will call an “independent medical exam”) have
one purpose: to provide cross-examination material against you in
settlement negotiations and against you if your case goes to trial. You
have enough disadvantages representing yourself without giving them
another arrow in their quiver. Do not give the insurance adjuster
ammunition you do not need to give.
If it is an uninsured or underinsured motorist case, the appropriate
course without an attorney is less clear. Some insurance contracts
require you to do a medical exam and a recorded statement, although
some jurisdictions have laws that override this contract language.
Without a lawyer, you are left with the choice of either harming your
case on the one hand, or possibly voiding your coverage on the other.
This is one of those cases where you might want to get a competent
personal injury lawyer on the phone and try to get a little free advice
because this is one of those things that can really destroy your case.
Figure Out What the Statute of
Limitations on Your Case Is
Either call a local lawyer, or at least use the internet to try to
figure out what the statute of limitations is in your case. Without
having a lawyer review your case, you are taking a risk on this because
there are general statute of limitations and sometimes more specific
statutes in some jurisdictions. For example, in many states, a claim
brought against a governmental agency has a statute of limitations that
is a small fraction of the general statue of limitations. But if you
are going to proceed on your own, you need to do anything you can to be
certain what the statute of limitations is. In most cases, you will be
fine without a full analysis, but obviously, you are running a real
risk on this one.