The aftermath of a car accident can be overwhelming. Coping with the physical pain and emotional fallout of a traumatic experience is challenging, especially if you’ve been seriously hurt. On top of that, you have to handle the insurance claims process, deal with insurance adjusters, and figure out whether and when to start a personal injury lawsuit.
You may be asking yourself, should I hire a personal injury lawyer, or can I represent myself? Our Sault Ste. Marie lawyers offer a free, no obligation case evaluation to help you understand what’s at stake and decide the best path forward. We also prepared this article to give you an overview of some of the considerations and risks so you can make an informed decision.
Can You Represent Yourself in a Personal Injury Case?
You have the legal right to represent yourself in Ontario court proceedings. Bringing a lawsuit without the help of a personal injury lawyer is known as “self-representation.” When you choose to be self-represented, you are choosing to be responsible for all steps, including preparing and filing legal paperwork, gathering and preserving evidence, negotiating with the insurance company, and advocating for yourself at mediation and/or in court.
As a self-represented litigant, you must know and follow proper legal procedures, meet deadlines and limitation periods, and be prepared to argue complex, technical aspects of personal injury law (liability, causation, damages, etc.). This will require a significant amount of your time and energy—time and energy that you simply may not have while you’re trying to recover from the accident injuries.
Benefits of Self-Representation
Representing yourself is a major commitment, but it gives you a high level of control over your case. The other main benefit of self-representation is avoiding lawyer’s fees. You won’t have to pay a lawyer if you represent yourself, but you will still need to budget for disbursements (out-of-pocket expenses) will typically include court filing fees, process server fees, fees to obtain medical records, and fees to hire private investigators, medical consultants, expert witnesses, etc.
More Information About Legal Fees and Disbursements
People often worry that they’ll be on the hook for lawyer’s fees even if they don’t win their case or think they can’t afford to hire a lawyer in the first place. The reality is that our Sault Ste. Marie lawyers don’t require retainers and only charge a fee if we are successful in achieving a settlement or verdict.
Another point to consider is that disbursements can really add up. Personal injury cases can take months or years to be resolved. Insurance companies have deep pockets and can afford to wait, while self-represented litigants saddled with overwhelming out-of-pocket expenses may be forced to drop their case or settle for less.
When you choose to work with our Sault Ste. Marie lawyers, you won’t have to personally carry those expenses while your claim advances. Our Sault Ste. Marie law firm does not charge you any fees or disbursements until your case is settled or results in a successful trial verdict.
Risks of Self-Representation
You must carefully weigh the risks and benefits of self-representation to decide if its right in your case. If your injuries are very minor, responsibility for the accident has been admitted, and you’re expected to fully recover from your injuries, self-representation may be workable. If your injuries are severe, the financial stakes are high, or liability is disputed by the insurance company, the balance tips away from self-representation.
Here are some additional considerations and challenges to be aware of:
Mistakes can jeopardize your case. You may miss a deadline or fail to file the right paperwork; even if it’s a “fixable” mistake, it can cause delay in getting compensation. If you miss the applicable limitation period, you lose the right to bring a claim altogether.
Insurance adjusters and claims representatives are not obligated to inform you of all the various benefits to which you are entitled, and their goal is to close your file and pay you as little as possible. They are more likely to exploit a self-represented person’s lack of expertise. Having a skilled personal injury lawyer on your side levels the power imbalance.
Insurance companies are notorious for low-ball settlement offers. Without an understanding of the full value of your claim, you may wind up accepting less than your claim is worth. Our accident lawyers can advise you on whether any settlement offer is fair and negotiate on your behalf for increased compensation if it’s not.
Winning liability disputes require expertise. If liability for the accident is disputed, you’ll need to build a compelling case to prove the other party was at fault or to minimize the percentage of fault assigned to you. It can be extremely difficult to investigate liability issues, understand the applicable laws, and find supporting case law on your own, especially when you’re struggling to cope with the accident injuries.
Those are just some of the considerations. You’ll also need to consider whether you’re up for handling a trial on your own. At the end of the day, if the insurance company is being unreasonable, a self-represented person has two choices: accept less than what they think is fair or take their case to trial. The insurance company will be represented by a lawyer at the trial. It’s tough to go up against experienced legal counsel alone, and there is the potential for significant costs risks if the trial verdict is unfavourable.
TRUSTED LEGAL ADVICE FROM OUR SAULT STE. MARIE LAWYERS
Sault Ste. Marie law firm Feifel Gualazzi specializes in obtaining financial compensation for people who’ve been hurt in motor vehicle accidents, bicycle accidents, pedestrian accidents, and accidents involving ATVs, motorcycles, and snowmobiles.
Personal injury claims can be highly complex, but you don’t have to navigate the process alone. Our Sault Ste. Marie law firm specializes in personal injury claims and our experienced personal injury lawyers are committed to providing customized support. From navigating the insurance process to finding compelling witnesses and evidence to prove liability, our team has the experience to hold the at-fault parties accountable and get you the compensation you deserve.
To find out if you have a case, please either contact our Sault Ste. Marie law firm or submit this online form for a free, no obligation case evaluation.