How to Negotiate a Personal Injury Settlement Without an Attorney

Getting into an accident can be physically painful. But it can also cause a lot of stress and mental anguish as well.

Following even a minor accident, you might need to visit a hospital or your regular physician. You’ll need to call your own insurance company, and perhaps the insurance company of the person responsible for causing the accident. You may also have to miss work, find and pay for additional childcare, and miss other important obligations, like class, meetings, or family events.

Dealing with all of this, while also coping with any injuries you may have sustained, can be difficult on your own. A personal injury attorney can help. However, some victims think twice about whether or not to hire one. Many worry about the cost, and whether their potential settlement would make that cost worth it. Others may wonder whether finding and hiring a lawyer will only add to their complicated to-do list after an accident.

But can you negotiate a personal injury settlement without an attorney? Keep reading to find out.

Do You Have to Hire a Personal Injury Lawyer to Get a Settlement?

Legally, you do not have to hire a personal injury lawyer in order to get a settlement following an accident or other incident that led to personal injury.

Also known as self-representation, you can technically handle all aspects of your case and your personal injury claim on your own. You can work with insurance companies, file claims, build a case, and fight for a settlement on your own, despite not being a lawyer yourself. However, without legal experience, you may face a few challenges, especially if you sustained serious injuries or the accident caused extensive damage to your property.

When Should You Hire a Personal Injury Attorney?

Some personal injury claims are better suited to handle without an attorney than others. Examples of claims that victims may be better off filing on their own rather than hiring legal help include:

• Your injuries were very minor. Whether you were in a fender bender or slipped and fell in a grocery store, if your injuries were very minor, the insurance company of the responsible party is less likely to put up a fight. Instead, they may pay your claims without argument.
• If there were no injuries and fault is clear. When an accident occurs and it’s clear who is responsible, and no injuries occurred, insurance companies are unlikely to put up a fight. In most cases, they will pay the claims and you can get your car or other property repaired or replaced without needing to go to court.

When injuries and/or damages are minor and who is at fault for the accident is clear, most insurance companies will pay the claims without trying to fight them. In those cases, you won’t need to hire a personal injury lawyer.

However, if the insurance company refuses to pay or tries to pay less than what you feel you deserve, hiring a personal injury attorney may be necessary.

How to Handle a Personal Injury Case on Your Own

If you do decide to negotiate a settlement on your own, without the help of an attorney, there are a few important steps that you’ll need to take.

Build Your Case

Before you have even left the scene of an accident, you need to think about building a case to present to insurance companies, and, if it comes to it, in court. Take pictures of any property damage, like damage to your home, your vehicle, or your belongings. You should also take photos of or have someone take photos of the injuries that you have sustained.

Get Medical Treatment

If you were injured, get to a hospital or doctor as soon as possible. If you sustained more than minor bruises or soreness, it’s a good idea to at least see your usual physician, even if you think your injuries will heal on their own. Your medical records indicating the injuries you sustained may be important for proving your claims later on.

Call 911

If you are the victim of a car accident or similar incident, whether there are injuries or not, it’s a good idea to call the police. There are a number of reasons for this.

Swapping information on your own might seem easy enough. But the person responsible for the accident could give you false information. Or, they could try to say that you caused the accident. A police report will give you the evidence you need to prove that you were the victim in the accident.

If the accident occurred in a busy intersection or if your vehicle was heavily damaged, having police present will help you stay safe and take care of clearing the accident. They can help you call for a tow, get medical attention, and direct traffic to prevent additional accidents.

Obtain a Copy of the Police Report

After a police report has been filed, you are entitled to a copy. You will need to contact the correct police department to get a copy of the report.

Estimate Your Damages

Before you can file claims, you need to estimate the damages that you have suffered. There are two types of damages that you might suffer in a personal injury case; general and special damages.

Special damages are those that you can easily put a price on. That includes any medical bills you received. It also includes the cost to fix your vehicle and any lost wages. General damages are those that are harder to calculate. This includes things like pain and suffering.

Filing Claims

Once you have calculated the damages that you have suffered and gathered the necessary evidence to prove your case, it’s time to file your claim. To do this, you will need to start by sending a demand letter. You'll send this to the insurance company of the person who caused your accident.

Negotiating a Settlement

Once the responsible party and his or her insurance company have received your demand letter, they will offer you a settlement. If your injuries were very minor and the damages you are asking for are not particularly high, the insurance company may offer a settlement in the full amount that you’re asking for.

However, this isn’t always the case. If you are asking for a large sum of money, the insurance company may offer a lower settlement. Unless you are willing to take a loss, you will then need to start the tedious process of negotiating that settlement. You’ll need to present additional evidence, submit counteroffers, and continue communicating with the insurance company. They may also bring in their own lawyers to handle these negotiations.

Think Twice Before Negotiating a Settlement Without the Help of an Attorney

It is possible to negotiate a settlement without the help of a lawyer. However, if the insurance company refuses your claim or you suffered extensive damages, getting legal representation can go a long way towards helping you win your case.