So you want to handle your own case – here’s what to do at a minimum
How To Actually Handle Your Own Car Case – Not An Article That Tells You To Find An Attorney (And I Am One!)
I hate when other attorneys say they are going to talk about handling their own case and then spend all their time telling you why you need a lawyer. So, I promise you that I am going to spend 4 paragraphs telling you when and why you should use an attorney for your personal injury car accident. Then, knowing that some of you will go ahead with handling your own personal injury case (and in some cases it’s probably best to do it!), I’ll tell you on a basic level what to do to help your case. You should not rely on anything in this article for legal advice.. Each claim is different and can involve different legal issues. Rather, this article provides you with some to-dos to prepare and handle your case in terms of evidence collection and conduct.
Why / when do you need a personal injury attorney
Let’s be honest. The only reason you are considering handling your own case is because you do not want to pay a lawyer a portion of the funds you receive, usually a third. If an attorney were free, you would never be in doubt as to whether you would be better off having an attorney represent you against the insurance company. So your decision is ultimately based on the question: Does hiring an attorney increase the value of my case to the point of justifying the attorney’s fees?
1. Personal injury attorneys know the value of your case. The first thing that should cross your mind when you are answering the last question above is what exactly is the value of my case? Most people think first of making a claim to repair the damage to their car (i.e. property damage), they don’t immediately think of filing a claim against the other driver for personal injury. A property damage claim is fairly easy to handle because you normally only need estimates for repair. That is why I do not handle property damage claims. However, your personal injury claim is much more complex. There are several different types of damages that you may be entitled to. The goal of the insurance company is to pay as little as possible, they will never give you a fair amount as your first offer. And how do you know if the offer is fair? Personal injury attorneys know the value range of your case based on experience and handling of hundreds of these types of cases and constantly monitor verdict reports. For example, the following is just the tip of the iceberg on things that affect the value of your case: amount of damage to your car; group of jurors where the case will be filed; delays in seeking medical treatment; types of medical treatment; pre-existing injuries; before / after accidents; your age; and the types of injuries you sustained.
2. You lose the advantage of filing a lawsuit. You are trying to decide if you can settle your case with the insurance company without hiring an attorney, the keyword here is “settle.” Insurance companies always take your attorney’s reputation into account when evaluating your claim. If you represent yourself, that’s a big zero. When you are represented by an attorney with a reputation for filing lawsuits in response to unfair offers, it brings immediate value to your claim because the insurance company must take into account the additional time, expense, and uncertainty of a lawsuit. While I am at this point, you should also know that I have been told that insurance companies track personal injury attorneys by their tax identification numbers. They supposedly keep data on what lawyers take less commonly in a case, those who do not file lawsuits, etc. Assuming you hire a competent attorney who is also a trial attorney, you immediately add value to your claim by having that attorney involved.
3. It will ruin your case. In many ways, handling your own car accident claim is like indulging yourself rather than seeing a doctor. Yes, there is a chance that you are fine, but there is also a very real risk that you could hurt yourself more. By handling your own case, you are assuming full responsibility for meeting all deadlines. Take the statute of limitations, for example. Insurance companies and their attorneys often delay your claim and try to get you out of compliance with the statute of limitations so that you can’t file a lawsuit. Many people also give insurance companies much more information than they should and sooner than they should. And because this process is new to you, you will be constantly reacting to what the insurance company is doing when you should be on the offensive all the time. Preparation and how organized you present your case / claim is extremely important. Send a message that you are ready to put your feet in the fire of the insurance companies. If you have never handled your own claim, how will you know the best way to organize and present your claim? Finally, if you file a lawsuit yourself, you will face an attorney who will use the rules of evidence and civil procedure against you, knowledge that took three (3) years of law school to learn. In my previous career as an insurance defense attorney, I was routinely successful in getting cases against plaintiffs who were not represented by an attorney to be dismissed due to a wide variety of technicalities, and even when the other driver was in the wrong. This is because the plaintiff always has to meet their burden of proof and attorneys know how to use the rules to prevent you from doing so.
Submit your own claim
The ideal DIY case
I think there is an ideal case for clients to do it themselves. The ideal DIY case is a 1.) rear crash 2.) with only soft tissue injuries and where the 3.) total medical bills are less than $ 6,000.
Approximately 43% of all accidents in Georgia are rear-end collisions. The reason I suggest that you be able to handle your own rear-end collision claim is that most rear-end collisions are admitted liability cases. This means that the driver who ran into you will have to admit that they were at fault. This is critical to handling your own claim because then you only have to handle the damages aspect of your case.
Soft tissue cases involve neck or back sprain or connective tissue pain. A recent study indicated that soft tissue injuries account for 79-87% of all auto accident claims. In general, these types of injuries are thought to heal on their own in 4-6 weeks.
Finally, I suggest the $ 6,000 limit on medical bills because generally, if you go over this number, your injuries are more serious than soft tissue ones. This amount will generally cover one emergency room visit and 4-6 weeks of chiropractic or physical therapy care. Finally, this type of case is best suited to handle yourself because you have the option in Georgia to file suit in Small Claims Court.
With that said, here is a list of things you will need to do to handle your own personal injury claim.:
1. Determine your statute of limitations. Call a lawyer, Google, or go to a law library. This is the first thing a lawyer looks at and you should too. If you miss this deadline, you lose your case. Be extremely safe. Generally, there are statutes of limitation, shorter time limits for suing a government entity, and time limits that are suspended for children and other special types of plaintiffs.
2. Get proper medical treatment. If you only had a car accident in the last 1 to 3 days, you should seek appropriate medical treatment. If you went to an emergency room, your discharge instructions may have recommended that you see a doctor. You may want to see your GP, who can examine you and make the appropriate referrals. Or you may want to see a chiropractor. I cannot warn you enough that you should only use your medical treatment to get better. what do I want to say with that? Because medical bills are used in part to determine the value of a case, some people think that by accumulating (unnecessary) medical bills they will win the lottery with their settlement. Do not do this. First, it is a fraud. Second, the doctors find out and will start writing things in your medical records like “fake it” and the insurance company will find out. Insurance adjusters have seen thousands of auto cases and can tell who is racking up medical bills. Ultimately, if you do this, you will ruin your most important factor in getting a fair settlement, your CREDIBILITY.
3. Gather evidence. Presenting as prepared and organized as possible will only increase the value of your claim. That statement especially applies here.
For. Photograph your car, your injuries, and the scene of the accident.
B. Get copies of all your medical records and bills;
vs. Talk to eyewitnesses and get written statements if possible;
D. Obtain a police report, with a sketch of the accident;
me. Obtain documents to support lost wages. These can be W-2 forms, pay stubs, or a letter from an employer;
4. Write a demand letter. This is a formal letter that sets out your complete claim, along with all previous supporting documents. Take your time and make it clean. Use tabs and keep it well organized. Your letter should include the following topics: your claim; a summary of the accident; Photographs; a discussion about whose fault was the accident; damages; medical bills; your current status and expenses. He wants to make a claim: the amount of money he wants. The problem is, you probably don’t know what your case is worth. You may want to let the insurance company make the first offer.
5. Negotiate. After submitting a demand letter, you will begin negotiating with the insurance company.
Things not to do
For. It bears repeating, dor not overdoing it or seeking excessive medical treatment. Not only are you doing your own case a disservice, you’re also hurting everyone else’s case by giving the insurance industry more personal injury claim hype.
B. Don’t lie. Your credibility is everything. Everything you say or write to the insurance company, your doctors and anyone else will be checked for inconsistencies to attack your credibility. It is worth mentioning that everything you tell your doctor is usually written by him / her in your medical record.
vs. Do not give a recorded statement. The insurance company will ask you to take a recorded statement. Do not do this. You are simply giving them a statement that they can then use against you. Tell them that if they want their affidavit, then that’s what a lawsuit is for. An important exception is if you are seeking UM (uninsured or underinsured) insurance benefits. If this is the case, I do not recommend that you proceed without an attorney first. UM is complex. Second, your UM insurance is controlled by your insurance contract and you may need to do certain things or risk losing coverage.
D. Do not sign an authorization for medical records. This is your claim. You control it. Your health information is protected by federal law. The insurance company is trying to get an authorization so they can search all of your medical records to find previous injuries or other harmful information. And by all I mean medical records outside of the doctors who treated you for this accident, such as OB / GYN, optometrist, and drug / alcohol treatment, to name a few.
