Can a non-attorney settle a personal injury claim for another person?

Every plaintiff in a personal injury claim faces the decision of whether to settle or go to court. There are advantages and disadvantages to each choice, some of which may impact the amount of settlement the plaintiff receives. In either situation, the plaintiff must first determine whether he will represent himself of hire an attorney.

The only choices an individual has when participating in a personal injury claim or lawsuit is to represent himself or obtain legal representation. A non-attorney cannot represent another non-attorney in either situation. Any attempt to do so would be disallowed by a court or potentially invalidated by the insurance company. Attempts by a non-attorney to represent the plaintiff in court may result in the non-attorney representative being thrown out of court. Any agreement negotiated by the non-attorney on behalf of the plaintiff will not be binding on either party, regardless of whether they have been signed.

The one exception to this is when the non-attorney representative is working on behalf of a child or an incapacitated person over whom he has a valid power of attorney. Solely in these two situations can a non-attorney legally represent another person in court or settlement negotiations and have their involvement be both permissible and acceptable. Any agreement made by the non-attorney representative would be binding on the party they represent. 

Obtaining Legal Advice

If you have been injured and are seeking compensation, consider speaking with an attorney. An attorney will review the facts of your injury and discuss with you the best method to obtain a monetary award for your damages.