How To File a Personal Injury Claim Without a Lawyer

Josh Schwadron

Written By

Josh Schwadron

Chief Executive Officer

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Published On

September 20, 2024

Published On

September 20, 2024

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If you’ve been injured due to someone else’s carelessness, you might be entitled to compensation. While hiring a lawyer is the most common route, there is the alternative option of filing a personal injury claim without a lawyer.

In this article, we'll outline the steps involved and highlight potential challenges of how to file a personal injury claim without a lawyer, with the option of using Mighty’s AI powered service to help you submit a claim. 

Remember, every case is unique, and seeking legal advice might be beneficial, especially for complex situations. Let's explore your options and empower you to make informed decisions about your claim.

While you might be looking to save on legal fees after an accident, it's important to understand the challenges involved in representing yourself in a personal injury claim. 

Having said that, let’s discuss what’s required to file a personal injury claim without a lawyer and what steps you can take to make the process easier.

Key Steps Involved in Filing a Personal Injury Claim

  • Evidence Collection: Gathering medical records, police reports, and any other documentation supporting your claim.
  • Calculate Your Damages: calculate a fair settlement amount based on the extent of your damages and any non-economic losses
  • Identifying the Responsible Party: Determining who is liable for your injuries.
  • Gathering Insurance Information: Obtaining contact details for the at-fault party's insurance company.
  • Send a Demand Letter and File Your Claim: you can now file your claim with the negligent party’s insurance company and navigate their claims process.
  • Negotiate a Settlement: the insurance will likely make a counter offer, which will be where the negotiation starts
  • File a lawsuit: if you don’t arrive to a settlement amount, you may need to file a lawsuit 

Evidence Collection

Building a strong case starts with gathering solid evidence. This includes medical records documenting your injuries and treatment, police reports detailing the accident, and any other relevant paperwork such as repair estimates or witness statements. Photographs of the accident scene, your injuries, and damaged property can also be crucial.

Calculating Your Damages

Determining the value of your claim involves calculating both economic and non-economic damages. Economic damages are quantifiable losses like medical bills, lost wages, and property damage. Non-economic damages are harder to put a price on, but they include pain and suffering, emotional distress, and loss of enjoyment of life. Research similar cases to get a general idea of potential settlements.

Identifying the Responsible Party

Clearly establishing who caused your injuries is essential. You'll need to gather evidence to prove that the other party's negligence led to your accident. This might involve witness testimonies, accident reconstruction reports, or expert opinions.

Gathering Insurance Information

Contact the insurance company of the person responsible for the accident. Obtain the policy number, claims adjuster's contact information, and understand the policy limits. Knowing these details is crucial for initiating and negotiating your claim.

Sending a Demand Letter and Filing Your Claim

A demand letter outlines the details of your claim, including your injuries, damages, and the amount you're seeking. Send it to the insurance company as a formal notification. If the insurance company accepts your claim, you'll need to complete their claim forms and provide requested documentation.

Negotiating a Settlement

The insurance company will likely offer a settlement amount. You have the right to negotiate. Be prepared to back up your claim with evidence and be willing to compromise. It's essential to understand that insurance adjusters are skilled negotiators working for the company's best interests.

Filing a Lawsuit

If negotiations fail to reach a satisfactory settlement, you may consider filing a lawsuit. This is a complex process with strict deadlines and procedural requirements. It's crucial to understand the legal process, including discovery, depositions, and court appearances.

Benefits of Legal Representation

Personal injury lawyers specialize in handling these claims and can offer significant advantages:

  • Expert Negotiation: Lawyers have the experience to negotiate a fair settlement for your pain and suffering, lost wages, and medical bills.
  • Understanding Complexities: Personal injury laws can be intricate, and lawyers can ensure you file all necessary paperwork correctly and meet deadlines.
  • Maximizing Compensation: An attorney can assess the full value of your claim and fight for the compensation you deserve.

Using Mighty to Achieve The Same Results Without a Lawyer

Ultimately, the decision of whether to handle your claim yourself or involve a lawyer rests with you. However, Mighty is a service which allows you to do just that, file a personal injury claim without a lawyer. It is an artificial intelligence service, designed specifically to help you file a personal injury claim with a lawyer. 

The service helps you through all of the phases of filing a personal injury claim, such as gathering documents, negotiating a fair settlement and help guide you through the whole process to maximise your claim.

When it comes to the various stages of filing a personal injury claim, Mighty is a system built by professionals who have been on both sides of the fence, both as lawyers and as insurance adjusters, so they know the playbook and the rules of the game.

The service has also been trained on many such cases so it can help maximize your settlement based on past results it has seen and worked on.

Once again, the large training set of previous personal injury and car accident case claims, it can navigate the nuances, while sticking to all the paperwork deadlines automatically.

Frequently Asked Questions

What Are the Pros of Filing a Personal Injury Claim Without a Lawyer?

Filing a personal injury claim without a lawyer offers several advantages. You can potentially save on attorney fees, have complete control over your case, and potentially secure a larger settlement since there's no fee split. Additionally, handling the claim yourself might expedite the process.

What Are the Risks of Filing a Personal Injury Claim Without a Lawyer?

Filing a personal injury claim without a lawyer carries some risks. You might underestimate the complexity of legal procedures, leading to missed deadlines or procedural errors. Insurance adjusters are skilled negotiators trained to minimize payouts, and without legal representation, you might accept a lowball settlement. Additionally, determining the true value of your claim, including future medical expenses and pain and suffering, can be challenging without legal expertise. That’s why it makes sense to use a service which can assist you such as Mighty.com

Where Should I File a Personal Injury Claim?

You should file a personal injury claim with the insurance company of the at-fault party. If you can't reach a settlement with the insurance company, you may need to file a lawsuit in the appropriate court. The court's jurisdiction depends on factors like where the accident occurred and the amount of damages claimed.

What Are the Benefits of Hiring a Personal Injury Lawyer?

Hiring a personal injury lawyer offers a number of benefits. Lawyers possess in-depth knowledge of personal injury law, skilled negotiation tactics, and the ability to handle complex legal procedures. They can dedicate time-consuming tasks, increase your chances of a higher settlement, and provide peace of mind throughout the process.

How Are Personal Injury Lawyers Paid?

Personal injury lawyers typically work on a contingency fee basis. This means they don't charge an upfront fee but receive a percentage of the settlement or judgment awarded to you. If they don't win your case, you generally don't owe them any fees.

Should I Hire a Personal Injury Lawyer if I Was Partly at Fault for the Injury?

Yes, you should strongly consider hiring a personal injury lawyer even if you were partially at fault. Many states adhere to a comparative negligence system, meaning your compensation can be reduced by your percentage of fault. A skilled attorney can assess the situation, build a strong case, and negotiate to minimize the impact of your fault on the settlement.

How Can I Find a Competent Personal Injury Lawyer?

Finding a competent personal injury lawyer involves careful research. Begin by seeking referrals from friends, family, or other trusted sources. Online directories and legal professional associations can also provide a list of qualified attorneys. Research their experience, success rates, and client reviews. Schedule consultations with multiple lawyers to assess their knowledge, communication skills, and how well you connect with them. Remember, choosing the right lawyer is crucial for the outcome of your case.

What Damages Can a Personal Injury Attorney Help Recover?

A personal injury attorney can help recover various types of damages. These include economic damages like medical bills, lost wages, property damage, and future earning potential.

Additionally, they can pursue non-economic damages for pain and suffering, emotional distress, loss of companionship, and loss of consortium. In severe cases, punitive damages may be sought to punish the negligent party and deter future misconduct.

How Is Liability Proven in a Personal Injury Case?

Proving liability in a personal injury case generally involves demonstrating negligence.

This means showing that the defendant owed you a duty of care, breached that duty, and their breach directly caused your injuries. Evidence such as witness testimonies, accident reports, medical records, and expert opinions can be crucial in establishing liability.

Can a Personal Injury Attorney Represent You in Court?

Yes, a personal injury attorney can represent you in court. This is one of their primary roles. If a settlement cannot be reached, they will prepare and present your case in front of a judge or jury to seek the compensation you deserve.

How Much Is My Personal Injury Claim Worth?

Determining the exact value of a personal injury claim is complex and varies widely based on individual circumstances. Factors like the severity of injuries, medical expenses, lost wages, pain and suffering, and the strength of the case all contribute to the final amount. While online calculators can provide estimates, they often lack the nuance required for accurate valuations. A skilled personal injury attorney can assess your case comprehensively, consider all relevant factors, and provide a more realistic estimate of your potential compensation.  

Josh Schwadron

Written By

Josh Schwadron

Chief Executive Officer

About the author

Joshua is a lawyer and tech entrepreneur who speaks and writes frequently on the civil justice system. Previously, Joshua founded Betterfly, a VC-backed marketplace that reimagined how consumers find local services by connecting them to individuals rather than companies. Betterfly was acquired by Takelessons in 2014. Joshua holds a JD from Emory University, and a BA in Economics and MA in Accounting from the University of Michigan.

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