In a personal injury case, the law and the court will allow you to represent yourself. This is known as presenting pro se, or on your own behalf, in legal terms. However, there are several circumstances in which you cannot represent yourself in court, such as:
- Suing on behalf of a company
- A class-action lawsuit is a legal action that is brought on behalf of a group of people.
- Bringing a lawsuit on behalf of your child
When you represent yourself in a personal injury case, you can file, manage, and conduct your lawsuit on your own behalf. Filing without an attorney can be problematic because you are foregoing the opportunity to receive legal advice and help.
How to File a Personal Injury Lawsuit on Your Own?
When you choose to represent yourself in a personal injury case, you will be responsible for preparing every aspect of your case on your own. The first step is to file a personal injury claim with the appropriate clerk’s office and pay the filing fee.
You are the claimant once your case is filed, and the term “defendant” refers to the person or persons you are suing. You’ll need to start compiling a file with proof, such as police and medical reports, as well as other documents.
There’s a chance the other side will be represented by a lawyer. Their lawyer may ask you to give a personal injury deposition and supply documents in accordance with legal discovery guidelines. Your case will eventually be settled out of court for a predetermined price. If you are unable to reach an agreement, your matter will be taken to court.
Accepting an Initial Settlement Can be Risky
When you choose to settle your lawsuit rather than go to court, you agree to accept a specified amount of money in exchange for your case being closed without ever having to go to court. During a preliminary settlement offer, a lawyer may be especially useful because they can take the following important steps on your behalf:
- A lawyer can analyze your current and prospective medical expenditures properly. Your lawyer’s intervention may help ensure that you have the funds you need to continue receiving necessary medical treatment until you are fully recovered.
- The lawyer can precisely assess your financial damage, including the amount of money you lose if you are unable to return to work right away owing to your injuries, as well as the amount of money you lose if you are unable to return to jobs in the future.
Your own acceptance of a settlement offer may mean that you receive less money than what you deserve or less money than you need to cover your personal injury expenses. You are always the one who must decide whether to accept or reject a settlement, even with an attorney by your side.
It is also worth noting that just because you choose to represent yourself in a personal injury lawsuit does not mean the person you are suing will also do so. Essentially, you could be representing yourself against a lawyer with resources you don’t possess.
The Basics of Personal Injury Claims
You are not entitled to sue for personal injuries for every injury you suffer. An injury caused by one of the following may give rise to a personal injury claim:
- An erroneous design or manufacture of a defective consumer product caused your injury.
- Someone injured you after assaulting or battering you, even if they did not intend to seriously injure you.
- In a car accident caused by a reckless driver, you suffered injuries that could have been avoided if the driver had exercised caution.
You must prove that the person you are suing was at fault for your injuries and responsible for your injury-related expenses if you choose to represent yourself in a personal injury case.
Consult an Attorney if You Suffer a Personal Injury
You have the right to sue anyone who negligently or recklessly causes you physical injuries. In personal injury lawsuits, you can also represent yourself against the at-fault party.
A self-representation strategy isn’t always the best option for pursuing compensation in your case. We, at Deldar Legal Injury Attorneys, can guide you through the complex claim filing process; additionally, you will not pay any out-of-pocket or upfront expenses if you hire us for a personal injury claim
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