Most cases of automobile accidents, regardless of the representation of the attorney, are settled through negotiations, even before reaching the trial phase. If you’ve been involved in a minor car accident, you might be able to handle your case successfully without a lawyer. You should, however, conduct sufficient research and get advice on the best way to proceed with your claim to be representing yourself.
Explore some basic procedures and tips with Houston personal Injury attorney on how to make a claim without an attorney.
- What is Suffering and Pain?
Pain and suffering in your car accident claim is any mental or physical distress for which you may seek damages. Damage to pain and suffering is based on the type of injury and the severity of the pain you suffered, most states and cities regard pain and damage as part of non-economic damage (or also called general damage), referring to any intangible loss where monetary values are difficult to assign. Pain and suffering damage are highly subjective, unlike economic damage (e.g. medical expenses and lost salaries).
Whether to decide to proceed with or without an attorney: Accessing legal representation can save you time and money, depending on the type of your case. Consider the following factors in determining whether or not you’d need a lawyer to represent you.
- Seriousness of Your Accidents: If you were involved in a minor fender bender, an insurance company could offer an uncontested settlement to cover damage to your property and medical expenses. However, if you were involved in a more serious accident involving serious damages such as pain and suffering, a personal injury lawyer would at least want you to get a case assessment.
The more serious your injuries are, the more likely it is that the insurance company will receive an undervalued settlement offer.
- Evidence sufficiency: Evidence, such as witness testimony and supporting documents, will be needed to make a successful claim. If there is no evidence of your suffering and pain, the insurance company or the court will assume you have not suffered such damages.
If you are having a difficult time getting evidence for your case, you should consider getting help from an attorney.
- Proof of Other Driver’s Fault: If you make a claim against the other driver or insurance company, please make sure that the other driver was at fault in the accident. It will be easy to proceed with your claim without an attorney as long as it is obvious that the other driver caused the accident. However, if a dispute arises over who is at fault, or if the other driver makes a counter-claim, you should seek advice from an experienced attorney to assess your case.
You don’t want to pursue your claim against the other driver or his or her insurance company until you are sure the other driver was at fault.
- Calculation of Your Pain and Suffering: You must state a certain amount of pain and suffering damage, even if there is no set equation to calculate such damages. Some attorneys use the “multiplicative” method to calculate pain and damage suffered. If you can’t come up with a particular value of your pain and suffering damage, you should contact a lawyer for personal injury. Personal injury lawyers are trained to use their professional know-how and experience to calculate a maximum amount of damage you have experienced.
- Making a Pain and Suffering Claim on Your Own: To make a claim for pain and suffering, you will need to send a letter of demand to the insurance company, which is a summary of your claim and damages. You should discuss your pain and suffering damages in your letter of request, supported by the relevant documents and evidence.
- Supporting Records:
You must have evidence to support your claim to be painful and suffering. You should get medical records, and report yourself to the police. If you allow the insurance company to obtain those documents for you, you will allow them to check which documents to consider. If available, the following documents should be annexed to your letter of request:
- Medical records and receipts
- Doctor’s note Police report
- Witness statements
- Photos of injuries
- Statement on Your Pain and Suffering: You must state in your letter of request how you came up with the value of your suffering and damage. You can do this by explaining how your pain and suffering since the car accident had an impact on your daily activities. Consider the following factors when debating pain and suffering:
The seriousness of your injury, the destination and nature of any scarring or disfigurement, the time needed to recover, the ability for ongoing consequences, the amount claimed for spectacular damages, the socio-economic factors and the harm limit of your Region.
Get Skilled Legal Help with Your Pain and misery Claim: When determining whether to proceed with or without a legal representation, you should carefully consider the above factors. Although you may think that by handling the case on your own you can save attorney fees, an experienced Houston Car Accident Lawyer will likely be able to maximize the amount of damages you can recover. Contact today ……..
