Handling Your Case Without a Lawyer
There are some types of cases that should not be settled without using the services of an attorney. Others you may be able to handle yourself. The advantage of using an attorney is that he or she is experienced at obtaining a full settlement from an insurance company or defendant, and evaluating how much your claim is worth. The disadvantage is that the attorney’s fee can be as much as half of your award after costs and other fees are deducted.
Simple cases, in which the injury is minor and the fault is clear, can often be settled quickly with the insurance company without hiring an attorney. Even if the company balks at paying, you can often get a good settlement by filing a small claims case, since the insurance company’s expense of going to court is often higher than the cost of settling. Complicated cases, such as those with serious medical malpractice or an accident causing death, should always be handled by an attorney who can analyze the value of the case and let the other side know that you are serious about your claim.
Many people make the mistake of settling their case without adequate legal advice. Almost all personal injury litigants should seek counsel. Achieving your desired outcome may not be the only reason for hiring an attorney. The emotional strain of doing it yourself may cost more than the attorney fees you would pay.
Example: Anne is an employee of an insurance company. Her familiarity with insurance practice tempted her to forego using an attorney to handle her injury case. She consulted an attorney but believed she could do better financially by herself. She was worried that an attorney’s percentage of the settlement would leave her with less money than if she handled the case herself.
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About two months later, she contacted the attorney again in a highly emotional state of mind. The combined stress of being injured and dealing one-on-one with the insurance company had left her psychologically scarred and physically drained. Her physical and emotional condition improved immediately upon retaining the services of an attorney. By relinquishing control of her case, she was also able to let go of pressures that were hindering her healing process.
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