Some people might watch an episode of Law and Order on TV and think to themselves that they can do what a lawyer does in the courtroom scenes. They may feel like they have the lingo down, and that they could play the part of the prosecuting attorney or the defense attorney with no problems. In real life, of course, a lot more goes into being a trial lawyer than what you see in these highly dramatized courtroom sequences in movies and TV shows.
If you get in a car accident, then you might feel like you can sue the other driver and collect damages without needing to hire a lawyer. You might know that if you hire an attorney and sue the other driver, then you will need to pay that lawyer 30%-40% of your winnings, on average.
In reality, collecting car accident damages with no lawyer presents tremendous challenges. It’s not necessarily impossible, but most people can’t do it without at least some degree of legal experience.
If you try to collect monetary damages from another driver without hiring a lawyer, then it probably won’t happen like the courtroom exchanges you may have seen in a TV show or a movie. Let’s discuss the realities in store if you try to handle this kind of a situation on your own.
You Must Determine Whether You Can Sue the Other Driver
Let’s say that you’re in a car accident. A vehicle comes out of nowhere and plows into you. You sustain some injuries in the crash. You also have to miss some work while you’re recovering.
To determine whether it makes sense to sue the other driver, you must first figure out whether you’re in an at-fault or no-fault state. If you’re in a no-fault state, then your vehicle insurance should cover the cost of your medical bills and lost wages. If that happens, then it won’t make much sense to sue the other driver.
If you’re in an at-fault state, though, the insurance of the responsible driver should cover the damages. If you’re in an at-fault state, and you feel sure the other driver caused the accident, but they or their insurance company won’t admit it, then that’s when you can realistically sue them.
You Don’t Know the Process of Filing Paperwork
If you do decide to sue the other driver in an at-fault state, or if you decide to sue their insurance company, then you must decide whether or not to hire a lawyer. As we mentioned, though, you would probably need to pay your attorney a large percentage of your winnings, and maybe you don’t want to do it.
That means you will need to figure out the process of suing the other driver or their insurance company on your own. You won’t have anyone to advise you like you would if you hired a lawyer.
You will need to do some research. You might be able to figure out what paperwork you need to file to start the lawsuit. However, since you have no prior experience in the personal injury niche, and presumably no legal expertise at all, then you might very easily make a mistake.
That’s not something that would happen if you had a lawyer helping you, but since you elected not to hire one, you’re on your own.
You Don’t Know What Goes into a Negotiation Process
Let’s say that you manage to file the paperwork correctly letting the other driver or their insurance company know that you’re going to sue them. They then have a chance to respond.
They might suggest a settlement offer if they think that will resolve the matter. However, in this particular instance, the other driver or their insurance company will soon learn that you have no lawyer representing you.
If they find that out, then it is highly unlikely they will offer a settlement. Instead, they will probably refuse to negotiate with you.
It makes sense that the other driver or their insurance company would do that. They may realize that since you do not have a lawyer, you are at a distinct disadvantage in these proceedings.
Instead of meeting with you and negotiating, like they normally would if you had a lawyer, they will probably want to take things directly to the trial phase. If that happens, you will get your chance to appear in court, but it probably will not go how you imagined.
You Won’t Know What to Do in Court
In a courtroom setting, you probably won’t know what to do to convince a jury that you’re in the right. You won’t know the technical details of how a lawyer should act.
You will likely start to make mistakes. That will hurt your case. Even if you have valid reason for blaming the other driver for your injuries and the damage to your car, your inexperience will probably make itself known very early on in the trial process.
Your blunders will cause you to lose credibility with the jury. Also, if you keep making mistakes, you will probably anger the judge who’s presiding over the case.
You will have to consider yourself lucky to collect any money in damages if things play out in the way we’re describing. The other driver’s lawyer will probably talk circles around you and leave you feeling foolish.
If you’re trying to sue the other driver’s insurance company, that will likely turn out even worse for you. They will probably have an entire legal team they will throw at you, and they will have plenty of prior experience in these types of cases.
There’s an adage that states that if you represent yourself, then you have a fool for a client, and unfortunately, that’s probably true in most car accident cases. Unless you’re a personal injury lawyer, you should not represent yourself. Hiring an attorney with the requisite experience makes more sense.
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