If you have been injured in a car wreck or other type of accident, you may wonder if you can file a personal injury claim without an attorney. The short answer is, “yes,” but conventional wisdom says, “no.” You may have watched plenty of daytime courtroom dramas and feel like you’ll nail it, but real-life cases don’t always play out that way (and usually aren’t as dramatic!) In legalese, representing yourself as a plaintiff is called “pro se” or “for oneself.” Self-representation in court isn’t the best idea; it’s definitely a case of “easier said than done.”
Here’s why. Court proceedings in Ohio can be complicated, especially if you aren’t well-versed in local and state laws, don’t have access to resources to support your case, and are inexperienced in legal procedures. As a layperson, you may not realize that you can also attempt to recover non-economic damages, such as pain and suffering, so you may end up cheating yourself out of a lot of money.
Here are some pros and cons of acting as a pro se plaintiff:
Pros
Saving Money
By not hiring an attorney, you’ll be saving money on attorney’s fees. However, most personal injury attorneys work on a contingency basis. This means that they don’t get paid unless they win your case. They will take a percentage of your settlement, usually between 33-40%.
Control
By representing yourself, you have complete control over the case, meaning that you make all the decisions, including negotiation with the insurance company, and accepting a settlement offer.
Speed
You may be able to expedite the process if you represent yourself. However, you may overlook important details, such as compiling the correct documentation to report your case. You may also be unaware of crucial procedural issues or deadlines. (For example, in Ohio, the statute of limitations for filing a personal injury case is two years.)
The only time that representing yourself can work to your advantage is if you experience very minor damages and injuries. Under Ohio’s Small Claims Division, if your total damages are equal to or less than $6,000, you can file a case in small claims court.
Cons
Possible Lower Settlement Amount
In personal injury cases, insurance companies are not your friend. A seasoned personal injury lawyer understands this and knows how to successfully negotiate with insurance companies to recover the highest payout for your claim.
Lack of Legal Knowledge
Your personal injury lawyer understands Ohio law and the proper legal procedures for filing your claim. They will also know what kind of documentation is necessary to support your case. Some examples include gathering medical reports and bills, accident reports, photographs from the scene, witness statements, and more.
Stress
Handling a personal injury case can be highly stressful, compounding an already difficult situation if you are dealing with injuries, property damage, recovery, medical bills, and lost wages. Your attorney can deal with the legal details so you can rest and recover.
Here are some questions to ask yourself when deciding between representing yourself or seeking personal injury representation:
• How complex is my case?
• Do I have the time and knowledge to manage the legal process?
• Am I comfortable negotiating and possibly going to trial?
• Could an attorney help me maximize my recovery?
If you answered “no” to most of these questions, then hiring a personal injury lawyer is a smart solution. They are experienced, understand Ohio legal proceedings, are familiar with local courts and judges, and know how to negotiate with insurance companies. And, if your case moves to the lawsuit stage, your personal injury attorney will be able to represent you in court.
Trusted, Experienced Personal Injury Lawyers
If you are a victim of another party’s negligence and are unsure if you should hire a personal injury attorney, reach out to Oliver Law Office. Call our office at 614-220-9100, use our online contact form, or chat box to schedule a free consultation with one of our experienced attorneys who will evaluate your case and honestly tell you where you stand. We work on a contingency basis, so you won’t need to worry about upfront fees. With Oliver Law Office on your side, you can be assured that we will use our experience to seek justice and the highest possible amount of compensation on your behalf. Your job is to rest and recover.
