Choosing between Hiring an Attorney and Self-Representation

 I am often asked: “Do I need a lawyer or can I handle my personal injury case on my own?” My usual response: “You wake up one morning with a tooth ache. Now, you have a choice – grab a pair of pliers and yank the tooth out, or call a dentist. Which would you choose?” The same concept applies here.
Handling a personal injury claim can become complicated, regardless of whether the case involves a car accident, slip and fall, dog bite or something different. There are many factors that can affect the case.  For example, how do you gather evidence and prove your case and damages? Do you negotiate with the insurance company or do you file a lawsuit? What do you disclose and not disclose to the insurance adjuster? Should you give a recorded statement? Should you sign authorization forms? What happens if the other party does not have insurance?
How do you negotiate with the insurance company? What do you ask for? What damages are recoverable? What is a reasonable recovery?  What do you file in a lawsuit, how do you prepare the Complaint? What causes of action do you allege? Have you named all appropriate parties? If the defense files a demurrer or motion to strike, can you handle it?  If a lawsuit is filed, how do you propound and respond to discovery? What questions do you ask and what documents do you request from the other side? What about depositions?
This is just a glimpse. It does not take into account negotiation strategies, which varies from insurance company to insurance company and from adjuster to adjuster.  Going back to my example, you wouldn’t pull your own tooth if you had a tooth ache. So why would you represent yourself in a personal injury case against a seasoned adjuster and/or an experienced defense attorney who are paid not to compensate you for your injuries?
Personal injury attorneys take cases on a contingency basis, meaning that the attorney gets paid a percentage of the settlement or the judgment, and if there is no settlement or judgment, then the attorney does not charge a fee. So, if you are not paying anything out of your pocket for the attorney, why wouldn’t you utilize the expertise of an experienced attorney?”
For more information, please call The Mason Law Firm at 661-476-5678 or email mason@mrscvlaw.com.