Your Guide To Legal Representation Associated With Personal Injury Lawyers and Claims
The process involved in obtaining compensation when you are injured is never straightforward and is usually difficult when you do not have experienced legal representation when Finding The Best Personal Injury & accident Lawyer TheYEC
However, if you are interested in making your own personal-injury claim, and you do not want the assistance of a solicitor, we have outlined the processes below along with the issues you are more than likely to encounter.
It is important to know that when you initiate legal action either against an individual or a company, and the claim is unsuccessful, you may be liable to pay the legal costs of the other party regardless of their legal representation.
Are you able to represent yourself in personal injury claims?
Yes, you can, and every person has the rights to pursue justice. If you are not able to find legal representation that is suitable for the injury claim, you do have the choice to pursue this matter on your own.
As you may be aware, you cannot just arrive at a court in order to argue the case before a judge. There are a number of Pre-Action Protocols that need to be followed before the case will reach a court of law. The protocols are designed to implement structure to these processes as well as allow both parties to come to an agreement before deciding to undertake legal proceedings which involves submitting the claim formally with a court.
Here is an overview that is generalised on a few of the steps that are typically undertaken involved in injury claims:
1. Claim Notification Form Or Letter Before Claim
This will involve sending information in detail to a party that you think is to blame. This letter needs to outline the accident circumstances, the injuries you sustained, any losses you have already experienced due to the accident and the reason as to why you think this party is was negligent or at fault.
2. Submit Evidence
The other party or a representative such as a solicitor or insurance company might then reply by either denying or accepting fault or liability, followed by requesting that you provide additional evidence involving your injuries and your losses. This can include invoices for vehicle repair, evidence that you have been away from work, the costs for your treatment, witness accounts and more.
Evidence obtained from an expert that is independent will also be a requirement to quantify and prove your claim. This type of expert evidence may be from specialist medical reports, or an engineer to make an assessment on the damages on each vehicle or an expert in machinery to confirm that the equipment in the workplace was faulty. It is standard that you will be required to pay for each one of these reports upfront in order to progress with your claim.
4. Valuing The Claim
You will need to attach a value in monetary terms for the entire claim and then present this amount to the opposing side. The value needs to include past as well as future losses and will need to compensate you adequately for your suffering, pain as well as loss-of-amenity. This will typically involve going through any evidence of the losses you have already experienced, making a calculation on your needs into the future and then studying court guidelines and previous case-laws to put a value on your injuries.
5. Court Proceedings
If a settlement agreement or admission for the liability is not reached, you will then need to issue the case at the right court. These processes are governed by what is known as the Civil Procedure Rules that outlines various steps, strict deadlines, court forms, and orders that need to be adhered to. This will also come with a number of court fees which you will be liable for upon submission.
Before the trial date, all your evidence will need to be prepared as well as arrange with any experts or witnesses that need to be there on the day. From here you need to make a decision on paying either a Barrister to argue the case on your behalf or you can represent yourself.
If you achieve a settlement before the trial or after the trial, the other party will be forced to pay you the compensation amount agreed on and reimbursement for any other legitimate expenses such as expert reports or court fees you incurred making a claim on your own. However, complications may still arise when the opposing side disputes the validity of the expenses, or when a court awards compensation that is less or equal to the offer which the other party made before it reached trial.
8. Losing Your Case
If you happen to lose the case that has reached trial, you may be accountable for paying the legal costs for the other party and any of their other expenses.
What Is A Litigant Person?
A person who is litigant is a term awarded to a person who represents themselves in a court room without legal counsel or a lawyer and argues their own case.
The Bar Council that represents the Barristers in Wales and England, created a complete guide about representing yourself in courts that covers various types of civil-legal matters.
The Benefits Of Representing Yourself
Nobody will be able to explain the injuries you have sustained, or the impact is has had in your life better than you. However, this is an opportunity which can expressed in combination with experienced legal representation.
You might save a portion of the legal fees when you do not hire a lawyer for your claim. Yet saving on these fees that are typically capped at 25% of the compensation should be weighed carefully against risks involved in under-settling the claim or the risk involved in having to pay legal costs for the other party should you lose.
What Are The Drawbacks?
There are a number of disadvantages when attempting to handle your own personal-injury claim. This is because it is complex, time-consuming and associated with a number of pitfalls linked with the risks and costs involved. Yet the primary deciding factors you need to consider include:
– Making A Claim That is Risk Free
When you hire a professional personal injury attorney they are bound by duty to act on your behalf and your very best interests. For this reason, through the No Win No Fee agreements, and after legal-expense insurance, your solicitor will never place you in a situation that you left worse off compared to not making a claim. If you decide to claim on your own and you lose, you lose compensation for the injuries you sustained, and you will probably be in a far worse position financially because you would have paid out for court fees, expert reports and even worse the other parties legal costs.
The Value Of The Claim
Do you know how to assign the right value to the claim? Do you know what the injury is worth? Have you remembered to calculate treatment costs that are ongoing, loss-of-earnings into the future, a lost gym-membership, the costs involved with family members having to take time off work to care for you or take you to appointments, etc. Trying to deal with your own claim might save you a bit on your legal fees, yet if you are then under-settled grossly, was it really worth it to do this on your own?
Specialists In Personal Injury Laws
When deciding to take on your own injury claim, you will need to deal with insurance companies as well as the defendant’s solicitor that will fight hard to prove the innocence of their client and that they are not responsible for your injuries. Or they will try their hardest to ensure your settlement amount is as low as possible. This is never a playing field that is level. When you instruct a specialist for legal representation, you give the claim a much better chance to achieve success. Your solicitor has the skills and experience to counter the arguments of the defendant, case law or tactics which they will probably present.
The Ideal Way To Handle A Personal Injury Claim
Event though you are free to deal with your own compensation claim, it is advised strongly to rather find specialised legal advice and then hire an experienced personal-injury lawyer who will fight for fair compensation for you.
The initial advice that you receive comes with no obligations, and if the lawyers thinks you have a case, you can pursue the claim risk free with a No Win No Fee arrangement.