Thinking of Handling Your Personal Injury Claim without a Solicitor?

If you’re willing to work through the entire claim process yourself, including all the hassle and potential stress, and are just seeking some form of compensation (which may well be much less than you deserve and that’s assuming the Defendant even admits liability) then the response might be that you don’t require a solicitor.

But bear in mind the process of seeking compensation after suffering a personal injury can be daunting and overwhelming.

It can be tempting to look to handle your personal injury claim by yourself and there is no legal requirement to instruct a solicitor but please think twice.

We have no hesitation in recommending that you think very carefully before taking on the might of the defendant’s insurance company on your own.

If you are looking for a quick and easy way of resolving matters and coming away with the best compensation then don’t even contemplate risking it!

Instructing a specialist personal injury solicitor can bring with it a number of real benefits.

Not only will you enjoy their expertise, objectivity and advanced negotiating skills but you can also have confidence that they will be able to help you secure the best compensation and as quickly as possible.

In this article we going to explore  some very good reasons why you should always instruct a solicitor to handle your personal injury claim and why you should never be tempted to go it alone.

What are Your Prospects of Success?

If you are thinking of Handling Your Personal Injury Claim without a Solicitor then one of the first and most fundamental hurdles to address with is your prospects of winning the claim.

Of course a personal injury solicitor with years of knowledge and experience will be able to come to an initial opinion in a matter of moments and will know whether the personal injury claim is likely to succeed.

In a tricky situation where liability is not straightforward there is every chance that you may come to the wrong conclusion and pursue a personal injury claim that really has no merits.

In the circumstances this could well be disastrous as it will mean that you are potentially not only going to come away without any compensation but you are also going to be saddled with your own expert fees and disbursements. Further more there is always the chance in certain situations you could be liable for the other side’s legal fees and disbursements as well.

Handling Your Personal Injury Claim without a Solicitor? Expertise Required.

Personal injury solicitors are qualified and trained professionals who have an in-depth legal knowledge and understanding of the law.

The risk of trying to handle the personal injury compensation case yourself is that the insurer may deliberately or by mistake tell you that your accident claim cannot succeed in law.

We know from many years of experience that insurers can be wrong and that when they try to flex their muscles it’s important not to be deterred and to carry on regardless. If you do not have the necessary training and experience how will you have the confidence to carry on if the insurers refuse to compensate you?

By instructing a solicitor to oversee your accident claim you can have confidence that the personal injury solicitor will be advising you on your rights with your best interests at heart.

Objectivity v Subjectivity

It’s so important when bringing personal injury claims that the person overseeing matters is able to be objective and in a position to remain independent, level headed and reasonable.

By personally handling your claim, how will you be able to look at things objectively when you may well be emotionally charged after the adverse impact of the accident on your life and when emotions are running high?

A personal injury solicitor will be able to offer advice from an unbiased perspective. This means they can help you make an informed and detached decision about all aspects of your accident claim including the all important medical assessment which may or may not involve consideration of your medical records.

If you thinking of handling your Personal Injury Claim without a Solicitor there is a real risk that you will make decisions based on your emotions as opposed to sound logical thinking and independent advice.

Negotiating Skills

Personal injury solicitors negotiate on behalf of their clients routinely and will therefore be skilled negotiators who can achieve the best levels of compensation. Your solicitor should be in a position to know the strengths of your claim and to understand the legal framework and landscape to bring about the best possible resolution for you.

If you are handling your personal injury claim yourself then you will be handicapped by not knowing the intricacies of the court rules, the strengths and weaknesses of your claim and how much your claim is actually worth in law. The defendant’s insurance company will know this and will no doubt hammer home the inequality of knowledge, experience and ultimately bargaining power.

Precedent Knowledge

Personal injury solicitors have a good and thorough understanding of case law and have access to legal precedents that can be used to support your claim. Your solicitor will be familiar with the case law which governs both the question of liability as well as case law dealing with the quantification of your injuries and any strict time limits governing court proceedings.

Unless you have the knowledge of the relevant case law built up over the years and have access to legal precedents then you are going to be at a big disadvantage when dealing with the defendant’s insurance company.

Resources and Contacts

Solicitors practices build up over time a huge network of legal professionals is able to assist with the progress of personal injury claims. This includes barristers, medical experts, engineers and a whole range of other expert witnesses who are in a position to support you in your claim evidentially.

How would you know where to start to find suitable expert witnesses and medical experts dealing with the required medical evidence and how would you know what to pay them?

What about other important areas such as legal expenses insurance, judicial college guidelines dealing with how much injury compensation might be recoverable, the issue of negligence, legal costs laws if you lose, settlement terms, financial losses – the list of knowledge relating to bringing a compensation claim for injuries goes on and on!

If you choose to make a personal injury claim on your own then how will you possibly know exactly what laws apply to the injury sustained without legal representation?

For instance how will you know exactly what financial losses you are able to recover when you claim injury compensation. If you make a personal injury claim and don’t include all the losses you have incurred, do you think the other party will contact you to let you know you have missed out some important evidence before reaching a final settlement? They would surely say: it’s not for us to correct your mistakes – you lose!

Again you would be on the back foot and would probably have to accept that you are no match for the other party.

The defendant’s insurance company would surely end up dictating the settlement terms of your injury compensation. How much compensation are you going to receive in these circumstances?

Precious Time

Running a personal injury compensation claim not only takes expertise but also a great deal of time.

This is made all the worse if you are not sure about the process involved and how best to protect your interests especially if ongoing injuries mean you are suffering and unable to concentrate upon the niceties of bringing your claim.

So not only are you losing valuable time but you also likely to suffer with stress and anxiety at a time when really all you should be doing is concentrating on your recovery from your personal injuries and not being distracted by the intricacies of bringing your compensation injury claim.

No Win No Fee Agreements

No win no fee agreements are definitely a good way of funding personal injury claims. From the client’s perspective there should be no upfront legal fees in return for receiving advice from a specialist personal injury solicitor.

By instructing your solicitor under a genuine no win no fee agreement then your solicitor is able to get to work for you safe in the knowledge that if the personal injury compensation claim is for some reason lost on the grounds it was your fault you have no cost to pay.

Once you have instructed your solicitor under a no win no fee agreement you should be able to sit back and relax leaving your solicitor to handle the injury compensation claim and take the strain on your behalf.

Peace of Mind

Knowing that your solicitor is overseeing your claim is going to hopefully mean you have complete peace of mind and you can keep stress to a minimum. It’s probably safe to say you wouldn’t have this luxury if you were overseeing the personal injuries claim yourself.

Your solicitor should always keep you closely informed about what is happening with your claim and will help you to make any decisions along the way right up until settlement.

Most solicitors advice should be reasonable and helpful. Any decisions you make should be informed ones based on your solicitors advice and recommendations taking into account the circumstances surrounding the accident and any alleged negligence as well as the severity of your injuries and the impact on your life.

Representation at Court

If your injury claim is one of the few that ends going to a final court hearing then it will be your responsibility, if you are acting for yourself, to draw up the trial bundle and either you will need to represent yourself at court or instruct a barrister. How stressful does that sound if you have no legal training or experience?

Of course by instructing solicitors to handle your claim your can rely on your solicitor drawing up a paginated trial bundle and appointing a suitable barrister specialising in personal injury compensation to represent you in court.

Let’s Wrap this Up

• To conclude it really isn’t a good idea to handle your own personal injury claim without the expert help of a solicitor.

• There is a real risk of making mistakes all the way down the line which could easily result in you failing to recover any compensation at all by dancing to the tune of the defendants insurers.

• Specialist personal injury claim solicitors deal with personal injury cases on a day-to-day basis and are experts with detailed knowledge of the legal process built up over the years.

• After all solicitors train for several years even before becoming qualified to practice. They have extensive experience of claiming compensation and negotiating the best terms in relation to both liability and quantum.

• By using a solicitor under a genuine no win no fee or conditional fee agreement you can focus on your recovery while your solicitor takes care of everything else.

• Don’t risk losing out on compensation and trust in the expertise of your chosen personal injury solicitor so you get legal representation giving you the best chances of success 🙂

When it comes to seeking compensation for a personal injury, there are many misconceptions and misunderstandings about the process – Don’t believe these Myths about Personal Injury Claims! 

Many of these personal injury myths are created by word of mouth and have no truth in the real world of personal injury claims.

It’s a terrible shame that these myths about personal injury claims have come about. The effect is that injured victims can decide not to pursue perfectly good compensation claims on false pretences.

Here we seek to put the record straight and list ten of the most common myths about personal injury claims together with the truth behind each of these common myths………

1) It’s only worth bringing a Personal Injury Claim for Serious Accidents

Myth: The fact is that most personal injury claims don’t arise from serious accidents. If you have not suffered serious injuries it’s of course still worth considering pursuing a claim. After all compensation will help you get back on your feet quicker and facilitate your recovery.

It’s also worth mentioning that what can at first appear to be a minor injury can, in our experience, rumble on and make a real difference to your quality of life and well being.

2) You must file a Claim immediately after the Accident

Myth: There is a statute of limitations period in England and Wales which is important to observe and it’s generally best practice to issue legal proceedings as soon as possible. However the rules do not require the claimant to lodge the court papers immediately and there is more than sufficient time for your personal injury lawyer to investigate matters following the accident.

3) You don’t need a Solicitor to handle your Personal Injury Claim

Myth: While it is technically possible to bring personal injury lawsuits without any formal legal representation the insurance company representing the defendant can and are likely to take advantage of unrepresented accident victims.

It needs to be remembered the insurance company’s duty is to their shareholders and to make money. It follows they will do their level best to minimise any injury award they pay out or may even deny liability altogether.

An experienced specialist personal injury lawyer is well placed to navigate the complex legal system with a view to maximising your damages and resolving matters as soon as possible and in your best interests.

4) My Compensation Award will be Taxed

Myth: It’s not unusual for clients to be under the false impression that personal injury lawsuits are taxable. In fact any compensation is not subject to tax.

5) Personal Injury Claims always go to Court

Myth: In reality only a tiny minority of personal injury cases end up reaching a final hearing to determine the issues. The vast majority settle. Your personal injury lawyer will be in a position to determine how to run your negligence action from a tactical perspective and work out the best course of action to bring about a settlement.

6) You cannot bring a Personal Injury Claim if you were in some way to blame for the accident.

Myth: In order to succeed with your personal injury case it will be necessary to prove that the other party was, on the “balance of probabilities” to blame for your insurance claim. This means in practice that you have to show another’s negligence was at least 51% responsible for causing the accident.

So in practice the fact that you might have been some way to blame for the accident does not prevent you from exercising your legal rights and bringing a claim. All it means is that any damages will be reduced proportionately in line with your level of negligence or fault.

7) I’ll lose my job if I Bring a Claim against my Employer

Myth: This is quite a common worry when bringing a claim arising in the workplace. The fact is that an employer would be breaking the law if they terminated a contract simply on the basis of the employee pursuing a claim.

There are strict employment rules governing the decision to dismiss an employee. Any dismissal on the grounds of an employee bringing a personal injury lawsuit would be leaving the way open for legal action being taken against the errant employer.

8) You can’t bring a Personal Injury Claim if you didn’t seek medical attention

Myth: By not seeking immediate medical attention after an injury does not prevent injured people from bringing a negligence claim. However by not seeking immediate attention this can affect the strength of the claim. Best practice, just for your own peace of mind, is to have yourself medically checked out to be on the safe side and to have matters properly recorded even for minor injuries.

9) Your Compensation will be determined by the Severity of Your Injuries

Myth: While of course the severity of your injuries is an important factor that influences the amount of the settlement you receive it’s not the only one. Very often the most influential factor is the extent of time that the injury interferes with your quality of life.

10) Personal Injury Claims take Forever to Resolve

Myth: Many different types of claims can in fact be resolved in a matter of months. Much depends upon the complexity of the claim, seriousness of the injuries and of course the ability of your solicitor to progress matters efficiently and effectively.

• If you are wondering about bringing a personal injury claim please don’t be misled led by the personal injury myths which may deter you from taking action.

• It’s always best to approach a personal injury law firm and ask your questions directly to dispel any common myths and get the legal help you need 🙂