Can You Represent Yourself in a Personal Injury Claim?

If you have been injured and are considering retaining legal representation, you may be wondering, Can you represent yourself in a personal injury claim? A better question might be, Should you represent yourself in a personal injury claim? Although these questions sound similar, their answers are diametrically opposed to one another.

Deciding whether to retain a personal injury lawyer to help you with your claim deserves serious consideration. There are a few advantages to representing yourself. However, you must weigh these advantages against the significant disadvantages of proceeding without legal counsel.

Proceeding “Pro Se” in Your Injury Case

What Does It Mean to Represent Yourself?

Individuals who act as their own attorneys are sometimes referred to as “pro se” litigants. This Latin phrase means these people act “on behalf of themselves,” essentially doing the work an attorney would do for them. When someone is pro se, it means they must do the following:

• Prepare and file all pleadings and motions they want the court to consider in their accident claim;
• Meet deadlines for responding to the other party’s filings and the court’s orders;
• Complete discovery according to the schedule set by the court;
• Represent their own interests in settlement negotiations and mediation; and
• Present evidence and testimony in court at trial.

If you are representing yourself, you are held to the same general standard of knowledge as an attorney. The court is not supposed to give you advice, help you make decisions about your case, or excuse substantial failures to comply with legal procedures. Instead, you are responsible for understanding and following substantive and procedural laws.

Before you decide whether to represent yourself, learn what a qualified personal injury attorney can do in your case. Contact Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) and schedule a free consultation.

Advantages of Representing Yourself

There are a few advantages to acting as your own lawyer in your personal injury case. These include:

Control Over Your Case

Attorneys are afforded some leeway to make tactical decisions about how best to advance your case and achieve your goals. These choices may not align with what you think is best. When you represent yourself, these are your choices to make.

Cost Savings

Attorneys will charge you an hourly fee or make their fees contingent on your claim’s outcome. Choosing to proceed pro se means you do not have to share any compensation you receive with a lawyer.

Clarity in Negotiations

A personal injury lawyer is supposed to represent your interests and goals when they attempt to resolve your claim. However, you might worry that your lawyer is not communicating these interests and goals appropriately. Instead, you may feel you are your own best spokesperson.

Speed in Reaching a Resolution

Personal injury attorneys must consult with their clients before making strategic decisions, such as whether to accept a settlement offer. In some cases, this can delay the ultimate resolution of your case, especially if you or your lawyer are busy or difficult to reach. When acting as your own attorney, you do not need to consult with anyone.

Why It Makes Sense to Hire a Personal Injury Attorney

These advantages notwithstanding, there are numerous benefits an experienced personal injury attorney can bring to your case. Several of the more significant benefits of having an attorney help you with your case include:

Legal Knowledge

A lawyer will have the substantive and procedural knowledge necessary to prepare your claim, file it in court, respond to the other party’s filings, and present evidence and testimony in court. Knowledgeable attorneys will know these skills and how to apply them, saving you from having to learn them yourself.

Fact-Gathering Resources

Your injury claim is only as strong as the evidence you have to support it. Speaking with witnesses, obtaining medical records, and tracking down other items of evidence is time-consuming. Attorneys will often have more staff and resources than a pro se litigant to accomplish these necessary tasks.

Negotiation Skills

While this is not strictly a legal skill, an experienced injury claim lawyer will be a skilled negotiator. Trials are risky, so it is often beneficial to resolve your claim via a settlement. Using their negotiation skills, your attorney can work to obtain a favorable settlement for your case.

Experience Making Legal Arguments

No matter how impassioned your pleas are, you are unlikely to win your case unless a judge or a jury is persuaded that you are legally entitled to compensation. Your injury attorney will know the statements and arguments to make in court that can advance your claim and increase your chance of success.

Is Hiring an Attorney Worth It?

Proceeding without an attorney represents a significant risk to your legal rights. You could inadvertently:

• File your claim outside of the statute of limitations;
• Settle your claim for too little;
• Be unable to obtain documents, records, and other evidence necessary to prove your case;
• Be sanctioned by the court for failing to follow proper procedures; and
• Be unable to get crucial witness testimony or evidence admitted at trial.

Not only does hiring a lawyer avoid these and other potential risks, but legal counsel is often more accessible than you think. Many personal injury attorneys offer contingency fee agreements in which the lawyer’s fees are tied to the amount of recovery they get for you. If your claim does not succeed, the lawyer waives their attorney’s fees.

Contact Cava Law Firm for a Free Consultation

Winning Is NO Accident!

Can you represent yourself in a personal injury claim? Yes, but the advantages of doing so pale compared to what a skilled attorney can offer you. The knowledge and skill of an experienced attorney can increase the likelihood that your claim will succeed and that you will obtain a fair compensation award.

If you have been injured and are in need of compensation for your injuries, give yourself the best opportunity for success. Speak with attorneys Christopher F. Cava and Jennifer L. Cava-Foreman of Cava Law Firm about the benefits and value they can add to your claim.

Schedule your free consultation by contacting Cava Law Firm today at (413) 737-3430 or (413) 781-CAVA (2282).

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]