Representing Yourself In A Personal Injury Lawsuit

What if you’ve been injured in an accident, but don’t feel that you want or need an attorney to help you file a lawsuit? What are the pros and cons of representing yourself? Read on to learn more from a Santa Ana personal injury attorney.

What Is A Personal Injury?

People suffer personal injuries every day due to the negligence or willful misconduct of others. These include vehicle accidents, slip and falls on the premises of others, medical malpractice, elder abuse, and other injuries. To win a personal injury case in California, you must show these four elements:

• You were owed a duty of care by the person who harmed you
• The duty of care was breached
• The breach was the cause of your injury
• Your injury is compensable

If you can convince the judge or the jury of these four points, you will prevail in your personal injury case and be entitled to economic and non-economic damages. 

So now that you understand the basic framework of a personal injury case, let’s evaluate whether it makes sense for you to represent yourself.

Should I Represent Myself In A Personal Injury Lawsuit?

There are pros and cons to making a decision to represent yourself in a personal injury lawsuit. But mostly cons. Many people consider representing themselves because they don’t want to part with the money involved in hiring a lawyer. But most personal injury lawyers work on a contingency basis, which means they will be paid out of a settlement or jury verdict, and you do not need to pay them as they prepare, negotiate, or litigate your case. In short, if you do not prevail on your legal claim, you will not owe the lawyer any money. If you, nonetheless, decide to represent yourself, here are some important tips to remember:

• Learn about the law that applies to your case. You can conduct research at a local public law library and ask the court near you for resources. 
• Look at the possible ways to resolve your case that don’t include going to court. Many personal injury cases are settled through mediation or arbitration. 
• Research court procedures so that you can follow them. This will be very important to the judge. Most procedures that you will need to follow are contained in the California Code of Civil Procedure, the California Rules of Court, and your superior court’s local rules. 
• Keep track of and comply with all court deadlines, especially deadlines for filing papers and serving the other side. If you miss these deadlines, you may lose your case by default.
• It’s important to understand how things operate in a courtroom. You want to be aware of where the respective parties sit, how people explain evidence to the judge, and how a judge handles motions from the attorneys. In most cases, courtrooms are open, and you can watch the proceedings. 
• Be prepared for your court hearing. Have copies of all the papers in the case, including those you served on other parties and the papers they served on you. You may have exhibits such as correspondence, photos, and other things you want the judge and/or jury to see. Mark them as exhibits and collate them in an organized fashion. 
• Always behave in a professional manner. Dress for court, which means a suit and tie for men in most cases, and a business suit for women. Be clear and succinct in your presentation and your answers. Do not talk about issues that do not support your case. Never denigrate the other side, or anyone else for that matter, by using rude words or actions. 
• Be realistic about what the judge can and cannot do. Make sure you understand what legal relief you can get in your case and focus on that. In most cases in a personal injury matter, your remedy will be monetary damages. 
• Show respect for the judge, the court clerks, and other people in the courtroom. 

The Risks of Representing Yourself

There are a number of risks of representing yourself. These include the following risks:

• As previously discussed, you may be unable to understand the intricate procedures that are involved in filing, managing, and trying a personal injury lawsuit. If you fail to meet the legal requirements precisely, you are in danger of having your claim dismissed. Note that this includes meeting the statute of limitations, which is typically two years in California for a personal injury lawsuit. 
• You may undervalue your claim. An experienced Santa Ana attorney can help you calculate all of your economic and non-economic damages. Some of these damages are based on statutes, but some are based on case law. Without having expertise in legal research, you may not uncover all pertinent case law and may consequently undervalue your case.
• If the other side decides it wants to consider a settlement with you, you will be without the benefit of an experienced attorney who has negotiated previously with insurance companies. 
• Additionally, there is a lot of stress and worry in representing yourself. In addition to meeting important deadlines, you must figure out winning strategies. 
• Finally, you run the risk of losing your case. This may put you in the position of not only NOT being compensated for the damages that you incurred, but you may also have to pay the costs for the other side, including attorneys’ fees. 

Contact A Santa Ana Personal Injury Attorney Today

Are you prepared to lose your case to save some money? Hiring an experienced personal injury attorney to represent you increases the chances of a financial recovery and will lower your stress in the process. If you or a loved one has been injured due to the negligence or willful misconduct of someone else, contact us today at the Law Offices of Benjamin Arsenian. Our experienced personal injury attorneys will protect you, your rights, and your pocketbook. Your case and your future are too important to engage in personal representation. Contact us today for a free and confidential legal consultation.