Do You Need A Laywer For Injury Compensation Claims?

Injury compensation claims can fall into a number of different categories. You can recover compensation for your injuries after a car accident, after you were bitten by a dog, if you slipped and fell while out, if your doctor hurt you, or if you were involved in some other type of situation in which someone hurt you either on purpose or negligently. An injury compensation claim can be made directly to an insurance company or can come in the form of a lawsuit wherein you sue for damages, depending on the law in your state and your situation. If you plan to bring an injury compensation claim after suffering an injury, you may wonder whether you need a lawyer to do so or not.

Injury Compensation Claims and Lawyers

Under the law, you don't need a lawyer for injury compensation claims. You can file a lawsuit yourself, or negotiate with the insurance company yourself, and either settle your case out of court or present your own case to a jury. If you do present your own case to a jury, you will be referred to as a pro se litigant.

Why You Need a Lawyer

However, while you do not need a lawyer, you likely will want to get one anyway. There are many, many reasons why it is a good idea to hire a lawyer before making a personal injury compensation claim, even if you aren't going to go to court and you are just going to send a demand letter to the insurance company or accept a settlement from the insurer. You need a lawyer because:

Different standards apply to different cases. For example, no fault rules may apply to car accidents or strict liability may apply to dog bites or product liability. You need to know exactly what you have to prove- and unless you are well versed in the tort laws of your state, you won't know this and could make mistakes.
Filing lawsuits in courts is highly technical. You have to file in the proper court that has jurisdiction. You have to support your arguments with case law and make your motions and pleadings in the proper format using the proper language. If you don't know how to do these things or you make a procedural mistake, you could hurt your chance to recover.
In many injury cases, an insurance company is involved- whether it is the homeowners insurance, the car insurance or the medical malpractice insurance. The insurance company and their lawyers are professionals and so you, too, should have a professional on your side.

Getting Help

If you have been injured in some way and are considering making personal injury compensation claims, consult with an experienced personal injury attorney as soon as possible. Your attorney can provide you with information on what standard of proof applies to your case and on any laws that limit your right to sue. He can also help you evaluate a settlement offer to see if it is fair or help you to prepare to put your case in front of a jury.

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