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This content is for informational purposes only and is not intended to provide legal advice.
Abraham Lincoln supposedly once said, “A man who represents himself has a fool for a client.” Variations of the sentiment have been credited to Benjamin Franklin and others.
You can indeed use many online and offline resources to calculate complex injury damages or pain and suffering claim values. The fact is that you can represent yourself in a personal injury lawsuit, but the strategy usually backfires in several ways. Perhaps the most important is that you win more money by hiring an experienced personal injury attorney.
Your best course of action is to hire a lawyer in the state where your injuries occurred. For instance, you should get a personal injury lawyer in Altoona if you were hurt in Pennsylvania. Your chosen attorney will know how to investigate your case, depose witnesses, proceed to discovery, file motions, and negotiate a settlement with the responsible party or their insurance companies. More than that, however, you probably saw plenty of legal dramas on TV to know that an attorney is crucial to winning your case in court. From filing the correct papers to arguing for you before a judge or jury, an attorney (or more) knows how to deal with the unpredictable environment of claims, settlements, and courts.
Filing a Pro Se Lawsuit
Your first hurdle is determining where to file your lawsuit. If a federal court adjudicates the matter, you must file a pro se personal injury lawsuit in federal court. The federal cases that you can file include a class action lawsuit or suing a corporation based on violations of federal law.
However, most personal injury lawsuits can be filed in your local district court because the states control state torts. The best practices include:
- Read All Applicable Information. Read all court instructions and any information supplied by your judicial adversary.
- Meet All Deadlines. Make sure you meet all filing deadlines, provide discovery to the other side, and depose witnesses. You can request more time from the court in writing.
- Be Specific and Offer Legal Precedents. Be very specific when discussing details about your case. For example, cite any case precedents that support your position.
- Save Copies of Paperwork. Make copies of all documents and paperwork, and organize them for easy access.
- Keep the Court Updated on Contact Information. Make sure the court has the correct contact information.
- Proofread Your Work. Proofread all correspondence with the court. It’s a good idea to get someone else to read over the papers to ensure your writing can be understood.
- Omit Identifying Information. Your case should be framed as generically as possible without identifying information because much of the information is published on the court’s website.
- Check the Court’s Website. The court website might have forms and tips that save you time and money.
Proving Your Case
According to legal experts, you should be aware that personal injury cases hinge on proving the following facts:
- The plaintiff had a duty of care to you.
- The plaintiff breached the duty.
- The breach caused injury or harm to you.
- The injury resulted in damages.
- You must gather medical records to prove your injury.
- Corroborating information from police officers is convincing.
- Figure out how much to claim in damages, and don’t forget to estimate future expenses.
- Prepare a compensation demand letter.
- Find and interview witnesses, and depose those who can help prove your case.
- Negotiate with insurance companies, and avoid typical delaying tactics.
- Negotiate a fair settlement based on the evidence.
- Finally, be prepared to prosecute your case in court.
Learn Legal Terminology
You need to learn about legal terms to prosecute your case. For example, you need to know the difference between at-fault and no-fault insurance. And this is just the tip of the iceberg. Imagine cramming legal information in just a few weeks or months when it takes certified lawyers years to learn and master all aspects of the law and its procedures.
Simpler Method of Filing a Personal Injury Lawsuit
Instead of wasting time and resources, leave the details to your legal team. Lawyers consistently deliver larger settlements and win larger awards, and you can avoid all the headaches and risks of handling your case. Few judges are willing to allow plaintiffs to build cases independently because they know such trials usually fail. If you end up facing an aggressive opposing counsel, your lack of trial experience will show instantly. In conclusion, just as you don’t perform dental procedures on your own teeth, so you should let trained-and-true professionals do the job you pay them for: get the best settlement or verdict possible for you.
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