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October 22, 2023The short answer to this question is no.
There is no legal requirement for you to instruct a solicitor to handle your personal injury claim. Everyone has a right to access justice and, if you wish to represent yourself and pursue compensation without legal assistance, you can. But it’s not usually advisable.
Even if your case appears straightforward and it seems obvious that the other party is at fault, there are some aspects of making a claim that require the expertise of a solicitor.
Here we take a look at some of the most common pitfalls people face when taking the DIY route.
3 common issues associated with DIY injury claims
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Under-settling
Be honest – do you really know how much your claim is worth?
If you represent yourself, it’s very easy to assume any compensation offer you’ve been made is reasonable. But of course, there’s a strong conflict of interest between you and the defendant’s insurance company.
Their goal is to settle the case for as little as possible. Without any knowledge or experience in this area of the law, it’s difficult to know whether the level of compensation they’ve offered is fair. Which means, you could end up selling yourself short and largely under-settling. And the bad news is – once you’ve agreed to a ‘full and final’ amount, there’s no going back.
By contrast, a personal injury solicitor will always act in your best interests.
Using a combination of medical evidence, examples of previous cases and the Judicial College Guidelines, they’ll calculate two types of compensation – general damages and special damages. And will do everything they can to ensure you’re fully recompensed for your injuries and financial losses.
In fact, personal injury claims brought via a lawyer have been shown to win 2-3 times as much compensation as DIY settlements. An interesting statistic to keep in mind before choosing to fly solo.
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Unnecessary expenses
Overseeing your own claim may, at first, seem like the cheaper option. But in reality, it can become a very expensive process without legal assistance – especially if court proceedings are required.
There are many expenses that claimants often fail to consider, such as court fees, medical reports and other disbursements. All of which would (at least initially) have to come out of your own pocket. And if you lose the case, you may even be liable to pay the other side’s legal expenses, too.
But when you recruit legal assistance, all of this financial risk is transferred to the solicitor.
Under the safety net of a conditional fee agreement, you won’t be expected to pay anything upfront. All work will simply be completed on a ‘no win no fee’ basis. Your solicitor will keep a record of any costs. Then, if the case is successful, these will either be reimbursed by the losing party or deducted from your compensation. Or if the case is unsuccessful, they’re covered by an insurance policy.
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Complex legal processes
Whether you instruct a solicitor or just choose to represent yourself, the process of claiming is exactly the same. You’d still need to establish liability, gather evidence relating to both liability and your medical condition, calculate a fair level of compensation and negotiate a settlement. And if the insurance company disputes liability, things can start to get very complicated, very quickly.
It’s a lot to take on, especially at what is likely to be one of the most difficult times of your life.
One of the main benefits of appointing a legal team is they can take on that responsibility for you.
A personal injury lawyer will oversee the entire claim on your behalf. Having trained for many years in this area, they have the skills, knowledge and expertise required to successfully navigate the complex process. Plus years of experience in bringing claims and dealing with insurance companies.
With them on your side, you will have the best possible chance of achieving the right result and getting the level of compensation you deserve – whilst having the time to focus on your recovery.
The moral of the story?
Recruit the help of a personal injury solicitor.
Unless you’re happy to handle all of the work (and potential stress) of making the claim yourself and you’re happy to obtain any amount of compensation (whether that’s the right amount or not), it’s a no-brainer. A lawyer will take care of everything for you, ensuring that you’re fully recompensed for your injury and financial losses, whilst allowing you to get your life back on track.
Feeling persuaded? Don’t waste another second.
Get in touch with a reputable law firm – such as Injury Lawyers Direct – today.
Based in St Helens, Injury Lawyers are leading personal injury solicitors in Liverpool, Manchester and the surrounding areas. Having worked in this field for over 20 years, they have an unparalleled level of knowledge and experience – plus an extensive record of success.
Whatever the nature of your accident or injury, they’re on hand to guide you quickly and smoothly through the full claims process, ensuring you receive ‘the best possible settlement in the easiest possible way’. And an initial no-obligation consultation is provided completely free of charge.
So what do you have to lose? If you have a potential claim, why take the financial risk and burden yourself with a DIY claim that is likely to lead to an unsatisfactory result? Instead, pursue financial justice risk-free with the expert guidance of specialist solicitors.