It is possible to file a personal injury claim without hiring an attorney. However, you have to be familiar with the process and avoid making common errors that may lead to the failure of your lawsuit.
Explaining The Procedure Of Personal Injury Claim
Here is a quick process of personal injury claims you should be aware of when representing yourself.
You should declare the settlement to the defendant or the defendant’s insurance company with every possible proof. If they do not respond as per your expectations, you must file a personal injury claim in the civil court within the permitted time.
Warrants encompass the individuals associated with the lawsuit, the reality about the injury, the suspect’s error that led to damage, or any other stress, along with the prayer of comfort. The prayer of relief enhances how the consequence of the personal injury claim requires to be as per the suer.
Besides the claim, the warrant needs to be issued to the offender, so that the accused will know that a personal injury claim is filed against him. If this step is not performed accurately, it may cause a huge disadvantage to the suer. Make sure not to forget about obtaining the response from the suspect about the warrant served.
In the next stage, the offender will be given a time period of 20 to 30 days to react to the injury claim filed against him. The suspect may attempt to debunk the lawsuit by saying everything is fake. Or, the offender may acknowledge the claim as the truth.
The plaintiff and the offender will strive to comprehend the lawsuit proceedings of the case. Thus, they may apply for the data sharing details related to the testimonies, situation, and valid data presented by both sides. This stage is about knowing the details of the personal injury lawsuit.
The suer and the offender will be familiar with the personal injury claims and their modification. Thus, both sides may agree to a pre-trial settlement, mediation, or arbitration.
In case of settlement, the offender will offer a sum of money which the suer can accept or reject. Sometimes, there might be price negotiations between both parties. If both sides did not come to a conclusion, there might be a counteroffer.
If both parties agree to a mediation, a third party will evaluate the case and give an ideal solution to solve the lawsuit without the need for a trial.
In the case of arbitration, an impartial party is acquired to navigate the processes or hear the request from both sides. There might be statements between the suer and offender to make their points. After the impartial party gauges the total financial loss, mental stress, the lawsuit’s timeline, evidence, and the statement from the witness, they will announce which side has won.
The last stage is the trial phase of the case which will occur if any of the two parties does not agree with the settlement. The court judge will study and check the lawsuit, proofs and cross-check the whereabouts of the case.
After a thorough evaluation of the case, the judge will tell if the offender needs to pay the money asked by the suer. The judge will inform the accused about the total money that needs to be compensated to the complainant by looking at the severity of the case.
What Are The Most Common Mistakes People Make While Filing A Personal Injury Claim Without An Attorney?
It is common to make blunders when handling personal injury lawsuits, primarily in a courtroom without much experience. When dealing with their accident claims without an attorney, victims often make some mistakes. These errors could seriously harm their chances of winning a settlement, which is why you should be aware of them.
Overlooking Time Limits to File Personal Injury Claim
One common mistake victims make while trying to file a personal injury claim is ignoring the time limit. For every kind of accident, there is a specific deadline for submitting legal claims which are imposed by the respective states.
Depending on the state laws, you may have one year, two years, three years, or a specific time limit to file a personal injury claim. However, you have to remember that this may occasionally be shorter in some states. You risk losing your chance to file if you do not comprehend these unique circumstances.
Making a Recorded Statement
Prior to preparing a settlement offer, the majority of insurance claims adjusters inform victims that they require a recorded statement. Any information you provide will be utilized by insurance adjusters to refute your claim or to impeach you in court. If you are determined to win the case, it is best to hire an attorney from the Swenson & Shelley firm.
Not encompassing The Full Damages From the Accident
Another mistake people make while filling a personal injury claim on their own is not listing damage related to the accident. Make sure that you file a claim for every dollar, following the guidelines set forth by the respective state’s law for damages. Since that settlement has the potential to alter your future, it is better not to use your money.
The Settlement Demand Is Insufficient or Excessive
Asking too much for rehabilitation could have negative effects, but getting too little implies you are not maximizing your ability to receive reimbursement. You are demonstrating that you do not totally appreciate the value of your case if you ask for the amount that exceeds what the lawsuit is worth.
Accepting the Insurance Company’s Final Offer
Insurance lawyers for personal injury cases want to pay you as little as possible and often present their proposal as a final offer. People representing themselves typically do not have any experience leveraging for a higher amount. Many victims take the first offer and walk away. Always keep asking for more money.
Go through and understand the personal injury claim process so that you can be confident about representing the case without a lawyer. Make sure to avoid the above-listed mistakes at any cost.