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Can You File Personal Injury Claim Without a Lawyer?

by | May 3, 2022

There is no legal requirement that says you need to use a personal injury lawyer. Despite that, if you’ve been injured as the result of another person’s negligence, you may have the legal right to compensation for those losses. To obtain that compensation, you have to prove that the other person is responsible for them. There is a lot that has to be done in this process to ensure your maximum recovery. 

For this to happen, you should meet with an accident lawyer to discuss your situation and get hands-on support and help. If you plan to try to do this on your own, there are several things you need to do to ensure you have a case (and you’re not wasting your time or money). 

Do You Have an Injury That Qualifies for Personal Injury Claims?

The first step is to determine if you have a case. When you call a personal injury lawyer, they’ll gather information about what occurred and determine if you have a case to follow. You can only sue someone if you have a serious injury that causes significant loss. Typically, this may include losses such as:

  • Significant scarring
  • Disfigurement
  • Loss of a limb or organ
  • Loss that results in poor bodily function
  • Loss of use of a limb or organ
  • Death

You may be able to file a claim if you’ve sustained an injury that’s likely to heal as well as an injury that may have lasting outcomes for you. The key here is to prove negligence, which means the other person knew their actions could lead to these types of losses, and they took them anyway. 

What Type of Damages Can You Claim?

When you work with a Wisconsin injury lawyer, one of the most important benefits they can offer is helping you determine what type and amount of compensation is owed to you. For example, compensation may come from money spent to help you recover, such as covering medical bills you have had. In addition, damages may also include financial support for the losses you’ve suffered, such as your lost ability to work, pain and suffering, and lost time at work. You may be able to sue for property damage depending on the type of personal injury as well.

The problem is, things like medical bills are easy to put a number on – it’s what you paid. But, how do you determine how much is owed to you if you’ve lost the ability to do your job for the next 20 years or the amount of pain and suffering you’ve had? That’s more difficult, and often it is based on case history and other factors. Your attorney can help you determine how much this is and back it up with evidence that is hard for insurance companies to refute.

Why Not Just Agree to the Claim Settlement the Insurance Company Offers?

It is very tempting when you’ve been out of work and struggling to just settle for whatever the insurance company offers. Yet, if they are offering a settlement to you, there is no doubt your losses are likely much higher than this. As a result of that, you need to be sure you’re getting what you’re owed.

The insurance company is not working for you. It is their job specifically to reduce how much is paid out in the incident. Quite often, that amount is dependent on many factors, including evidence that you have. The insurance company has hired some of the most effective and aggressive attorneys to defend them in a court of law. If they do not agree with your claim in any way, they will go to court to reduce those costs.

With the help of an accident attorney, you can ensure you don’t make any mistakes that could cost you in the long run. For example, if you state that you have back pain from an accident, but your social media posts show that you’ve been hiking for miles, the insurance company is going to try to reduce what they pay to you. Your attorney, instead, can handle all communication and protect your rights throughout the entire claims process.

How Does a Wisconsin Injury Lawyer Help You?

A personal injury attorney provides a lot of services that can help ensure you receive the highest recovery for your losses. Some of the ways they can support you include the following:

  • Gathering evidence: Often, the evidence you need to prove someone was negligent isn’t easy to access. Your attorney knows how to gather that information, including medical records, police reports, witness statements, cameras, and much more. This helps substantiate your claim. 
  • Determining what you’re owed: They can help you by determining what amount and type of damages you’re owed. That typically includes more than what most people believe they are owed. 
  • Working with the insurance adjuster: They protect your right to compensation by representing you in the claims process. The first step is always to try to settle the claim with the insurance company using evidence to back up any claim.
  • Filing a lawsuit: In some cases, if the insurance company does not agree to the settlement you’ve proposed, the case needs to go to court. Your accident lawyer can be there to support you throughout this legal process. 
  • Providing you with insight: Because they have so much experience in the claims process and the industry itself, they can help ensure your needs are met. It’s key to work with an attorney that has ample experience as a personal injury attorney.

You can do all of this yourself. Yet, doing so means a higher risk of mistakes, often including leaving money that should be paid to you on the table. Working with an attorney is typically the route to take. Call our team at Vanden Heuvel & Dineen S.C. today to talk through your case with a free consultation.

Written by Vanden Heuvel & Dineen, S.C.

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