Negotiate Your Own Personal Injury Settlement

You Don't Always Need a Lawyer But They Won't Tell You That

Who knows your personal injury case better than you? If you can answer, "nobody", then what's holding you back from negotiating your own fair settlement after you've suffered a bona fide injury through no fault of your own and because of the negligence of another?

An attorney hired to represent you, is rightfully entitled to between 33% and 40% of any damage award received by you as the plaintiff through a trial or settlement. Depending on the extent of your injury, and how much time and effort you are willing to give
 to resolving your case, you can increase your settlement award by 33% to 40% by "doing it yourself."

Eight out of ten personal injury cases, whether an auto accident, slip and fall, or physician or hospital error, do not go to trial. In other words, there are no official legal maneuverings, just a war of carefully selected words between the two parties. These communications, most often in writing, are designed to insinuate and present evidence that the injured party is willing and prepared to take the matter before a judge if necessary. In truth, it's little more than a game of poker, with bluffing and posturing as the two main techniques.

Many attorneys will not represent a plaintiff if the award is not likely to be substantial. These same attorneys will lead you to believe you do not have a "case", when what they mean is that you do not have a "case" they are interested in pursuing. This is the primary reason less dramatic injury cases are not resolved in the interest of the injured party, and rightfully deserved compensation is not received. If you feel an award of $10,000 is fair compensation for your injury, then be prepared when your lawyer takes $4,000 for writing a few short letters and perhaps making a phone call or two.

Whatever your case involves, it's best to do research on your own, regardless of whether in the end you decide to leave the paperwork to the attorneys, or "do it yourself." A wealth of information is available at your fingertips and two of the very best, and easiest to navigate websites are www.nolo.com and www.findlaw.com.

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Thanks, Josie! Just do your homework, be concise and factual, and cross all your t's - and be passionate! No one will find as hard for you as you!

Posted on 06/07/2008 at 5:06:28 PM

I think this is a grand idea. I am an intelligent person and I love to read and do research. I studied briefly, to be a paralegal. So I believe that I can represent myself. I have represented myself on 2 occasions concerning the law. Both times I have won. Many times the judge's show a lot of respect for a "lay person". Maybe the courts are tired of the same old boring "attorney representation" and want something "new" in the courtroom, and that newness can be you. This is a great website Sandra. Keep up the good work. Thanks

Posted on 04/24/2008 at 7:04:07 PM

Hiring an attorney or not, you still have to do your own research. You must be involved with your case 100%. You must not trust your attorney 100%. You must trust yourself; you are the one that feels your pain. Read, and talk to someone about your claim; the more information you have, the more confident realistic you'll be.

Posted on 11/05/2007 at 10:11:00 PM

There are always professions that some people can do on their own, such as legal matters, real estate, home medical remedies, financial planning, doing your own taxes, car repair, home repair, etc., but I think a person really needs to think hard about their abilities compared to what they are attempting to achieve before striking out on their own.

Posted on 08/18/2007 at 2:08:00 PM

I'm getting to the point at which I think I'll be negotiating with one of several defendants I am suing pro se for a personal injury. I'm wondering if I should offer, as an incentive, a lower settlement figure to that defendant in return for him testifying agains the other defendants... THe overall settlements of all defendants would far outweigh any reduction I make in the initial settlement. I'm in Vermont and I'm wondering if this is something that is honest, ethical and legal.

Posted on 07/03/2006 at 1:07:00 PM

Great points. Do not be fooled - a personal injury attorney and the doctor's they "do business with" will always end up with the majority of your settlement. By doing it yourself you can and should end up with at least as much money in your pocket as you would have gotten from the attorney. The difference is, it will not take 3 to 6 months to get it.

Posted on 03/14/2006 at 1:03:00 AM

I would NEVER try to take on a personal injury claim case without consulting a lawyer. Even if you did win the case, you would only get a fraction of what could have been given to your had you used an attorney. MAYBE handling your own personal injury law suit is ok until you either settle outside of court, or their offer is too low. If you choose to go to court, or are unhappy with their offer... an attorney is a MUST!

Posted on 10/30/2005 at 6:10:00 PM

Some good points, even if you do use a lawyer.....sometimes using a lawyer is a good thing...although I doubt Martha thinks so right now

Posted on 09/27/2005 at 8:09:00 AM

excellent

Posted on 09/09/2005 at 11:09:00 PM

How could you really know what you were doing? As soon as the other side knew you were an amateur w/o a lawyer you'd get owned.

Posted on 07/26/2005 at 12:07:00 AM

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