It is estimated that of personal injury lawsuits, which include car accidents, truck accidents, slip and falls, dog bites, and other types of personal injuries, approximately 3 to 5% actually go to trial. The rest are either settled or dismissed by the court.

There are so many tracks that you can take if you believe you have a meritorious lawsuit, but in the end, the choice is pretty much settle or take the matter to court. If you decide to settle, should you hire a lawyer to help you negotiate the settlement?

In California, you do not need to hire an attorney to help you negotiate your settlement. But should you? We believe the answer is, “Yes.” But whether it makes sense to go it alone depends on your case’s complexity, the degree of injury, and your comfort in dealing with the legal process. Here are some thoughts to help you evaluate the situation properly.

• Case Complexity and Degree of Injury – Where the stakes are relatively low and the matter is straightforward, you often can handle the settlement yourself. For example, if your lawsuit involves a minor fender bender where the damages are easily established, and there is no personal injury, there is not a lot of risk if you decide not to hire an attorney. Particularly where the damages are in the realm of several thousand dollars, it may not make sense to pay for an attorney’s fees. However, in a slip and fall case where you suffered a serious concussion and economic and non-economic damages could be difficult to prove, it makes sense to have a lawyer represent you. 
• Your Comfort Level With the Law – There are many procedural requirements involved in litigation. For example, personal injury actions typically have a two-year statute of limitations from the date of injury. If you fail to meet a deadline, you will be forever barred from asserting the claim. In addition, if there are many disputed facts, discovery will be required. This includes depositions and interrogatories. Finally, representing yourself requires understanding how to properly value your damages. The most difficult is calculating speculative non-economic damages, such as pain and suffering, emotional distress, and loss of consortium or companionship. Most non-lawyers don’t feel very comfortable with these legal procedures and requirements.

Contact The Law Offices of Earl E. Conaway, III

Insurance companies are notorious for undervaluing personal injury claims with unrepresented claimants. Often, they use formulas that are not pertinent to your particular situation. While you can represent yourself, statistics show that claimants who take advantage of legal representation typically receive larger settlements, even taking into account attorneys’ fees.

Here at the Law Offices of Earl E. Conaway, III, we treat every client like family and go the extra mile to make sure you get the compensation you deserve. We have many years of experience to protect your interests against insurance companies that seek to minimize or deny your claim. Contact us today for a free consultation.