If you’ve been injured in New York due to someone else’s negligence, you would be entitled to compensation. However, acquiring this compensation requires you to invest significant time and effort, which is why it can seem like handling everything by yourself may seem like the best thing to do.
As a personal injury law firm in NYC, we’ve come across many cases where people have tried to handle injury claims by themselves only to be overwhelmed by the complexities of New York’s and legal landscape. In this post, we’ll be sharing our honest perspectives on whether you can handle your injury claim with help, the risks involved, and how working with an accident attorney is a must to achieve a favorable settlement.
Can I represent myself in insurance claims and lawsuits in New York?
Yes, you do. In New York, you have the absolute right to represent yourself in negotiations and in court. The practice of representing yourself in court is known as “pro se” or self-representation. Keep in mind that if you choose to represent yourself in court, you will be subject to the same rules as a lawyer, and you will need to have a good understanding of court procedures and the rules of evidence, among many others.
That being said, you need to ask yourself whether it wouldn’t be a better use of time, money, and resources to obtain the services of a car accident lawyer who knows the law and has ample experience handling negotiations and trials.
What are the risks of handling personal injury claims alone?
There are a lot of things that need to be done in personal injury claims before you ever receive compensation. When you decide to face these challenges by yourself, you are assuming a significant risk where errors and miscalculations can result in serious repercussions. As personal injury lawyers, we do not recommend that you handle personal injury claims by yourself for a number of reasons:
Out-of-pocket expenses
When you commit to the “do-it-yourself” approach, you assume a lot of financial risks. Although you may feel like you will save more money by not hiring an attorney, that is not the case. More often than not, you will find yourself having spent a substantial amount, and should you fail to secure the settlement, all that money spent would be for naught.
Most personal injury attorneys in New York operate on a contingency-fee arrangement. This means that their legal fees will be a percentage of your settlement. The advantage of this approach is that the attorney assumes all the risks, and you only have to pay legal fees if you win the case.
Evidence can be overlooked
Evidence is the lifeblood of your case, being essential for demonstrating the extent of damages suffered and the fault of the parties. When handling things by yourself, you may not know what evidence you need and where to look for it. At the same time, the misplacement and mishandling of evidence is also high.
Underestimating damages
When filing lawsuits, we consider both economic and non-economic damages. While calculating your economic damages is straightforward enough, the same cannot be said for non-economic damages. Since they do not have a set value, you will need the knowledge and experience of a lawyer to identify non-economic damages and place a value on them. Without a lawyer’s help, it is very likely that you will miss a non-economic damage that could have increased your compensation.
Missing deadlines
In New York, a personal injury case must be filed within three years from the date of the accident. While this may seem like a long time, considering your recovery time and the time spent trying to gather documents and negotiate with companies, this deadline approaches quicker than you might expect. If you are not careful, you may miss the deadline and lose your right to claim compensation.
Falling prey to insurance tactics
companies will not have your best interest at heart and will try their absolute best to reduce your payout and free themselves from responsibility. To that end, they will rely on adjusters, who are trained negotiators, to delay, reduce, and deny your compensation. When you represent yourself, you may fall victim to their tactics and walk away with less compensation than you deserve.
How can a lawyer help you with a personal injury claim?
When dealing with personal injury matters, an accident lawyer in New York is both your sword and shield in securing the settlement you deserve. Here’s how an accident lawyer in New York can help with your case.
- Advising you on your legal options and setting realistic expectations on the outcome of your case.
- Gathering and preserving evidence to build a strong and compelling case.
- Determining fault and calculating the true extent of your damages.
- Ensuring that all documents and submissions adhere to strict deadlines.
- Providing negotiation leverage and handling all negotiations with companies.
- Representing you in court as your counsel and fighting to protect your rights and gain a full and fair settlement.
Conclusion
When it comes to handling your personal injury claim, you may be confident in handling the matter yourself. While the law does allow you to represent yourself in legal proceedings, the risk connected with it outweighs the benefits. When compensation is on the line, it’s time to call an experienced accident lawyer in NYC to take up your case.
And if such an accident lawyer is what you seek, then Gabriel Law is the place for you. Over the years, we’ve had the privilege of helping hundreds of New Yorkers with their personal injury cases and getting them the compensation they deserve, and we would love to help you do the same. Contact us, schedule a free consultation, and take the first steps to recovery with us.
