Can I Just File My Own Personal Injury Suit to Keep More Money?

August 4, 2022 – Paul Hammack

Why Handling a Personal Injury Lawsuit is Not Like a Normal Insurance Claim: Explained by our Personal Injury Lawyers in Greenville, South Carolina

We are all looking for a way to save money on almost everything we do. Whether shopping online, at the grocery store, or filling up the gas tank, bargain hunting is very important. (Insert joke about crazy gas prices here)

Many people have responded to this by taking on do-it-yourself (DIY) projects around the home. Many helpful YouTube, Instagram, and Facebook tutorials have become particularly helpful in saving people money. Although it’s great that so many people can learn a new skill to save labor costs for many different things, handling a personal injury lawsuit is just not something you want to DIY. If you’re thinking of filing your own personal injury suit to keep more money, we are here to help. In fact, our experienced personal injury lawyers know that if you try to handle your own case, you are almost guaranteed to save money—but only for the insurance carrier!

That’s why at the Hammack Law Firm, we handle all types of catastrophic personal injury and wrongful death cases differently than other law firms. Specifically, three important things you need to know about us are:

  1. We offer FREE consultations and case evaluations to help you understand your legal rights and how we can help, with no obligation to sign up. No catch. No gimmicks. No pressure. When we say free, we mean free, and with no obligation to sign with us.
  2. If you choose our law firm and we accept your case, there are also no upfront costs or fees because we pay all costs and disbursements for filing fees, expert bills, medical records, and other expenses. These costs are only reimbursed to us IF you when your case and after we recover compensation for you.
  3. Finally, our fees are only paid after we recover compensation for you in a settlement, verdict, or another type of recovery. We also only take a percentage of your recovery, meaning you won’t have to pay out of pocket, and you will be guaranteed to take something home if there’s a recovery.

That said, working with a dedicated and experienced lawyer makes perfect sense because there is no upfront cost and no financial risk for out-of-pocket expenses to work with our personal injury lawyers in Greenville, South Carolina.

But Could I Still Handle My Personal Injury Case Alone to Save Those Fees and Percentages in the End?

The short answer is yes, you could represent yourself. There is no obligation under South Carolina law that you must have a lawyer to represent you in a personal injury action where you have been injured through the intentional or reckless conduct of another. However, we would argue that it is not in your best interest. Keep reading…

I’ve Handled Insurance Claims Before: Why Shouldn’t I Just Represent Myself in a Personal Injury Lawsuit?

Health insurance claims, bumper taps, homeowner claims, and other types of minor insurance claims can often be handled by a person without a lawyer. In fact, most people do just that.

However, for the same reasons why you won’t operate on yourself unless you’re a doctor (or have an advanced computer to do it for you like in Aliens/Prometheus), you shouldn’t handle a personal injury case without a lawyer if you want to maximize your recovery.

Top Reasons Why You Won’t Save Money by Handling a Personal Injury Case Yourself

There are many reasons why you should always get a personal injury lawyer when you have been injured in a car, truck, or motorcycle accident, especially if you have suffered a traumatic brain injury, spinal cord injury, amputation, or another type of serious injury. Some of the top reasons include the following:

       1. You’ll Get More With a Lawyer

Even though you may be able to save the counsel fees by handling your own personal injury case, you are almost guaranteed to get less than you would if you have a lawyer.  

For example, most lawyer fees for personal injury cases are between 33% to 40%.  Say you handle the case yourself—you may only get $40,000 and have to pay no lawyer fees. However, if you hire an experienced personal injury lawyer and settle the case pre-lawsuit through negotiations, you may get $120,000 for the same injury and take home $80,000 after the percentages are paid to the lawyer. That still doubles what you would have gotten on your own.

In addition, an experienced personal injury and workers’ comp lawyer can make the defendant pay for your costs and disbursements if a case goes to verdict. And while you may not know exactly how to get there (unless you can also know how to navigate the Millennium Falcon – because it can be complicated), we definitely know. Just call us your personal Han Solo.

       2. You Don’t Know the “Going Rate”

There is no magic calculator for personal injury damages. Rather, courts award “reasonable compensation” for a person’s injuries. This reasonable compensation is based on many factors, including the evidence, jurisdiction, and location.

Generally, compensation will be greater in cities and lower in rural areas. Suburban areas can vary depending on many factors, including what city they are near and the overall fiscal conservative or liberal slant of the demographic. Translation? There is a different going rate in each area of South Carolina – sometimes even by county!

But as a non-lawyer, you will not know your going rate in the locality. However, the insurance company will. And they bank on you not knowing as well (pun intended). The insurance adjuster will do everything in their power to show you awards for people who were in less-friendly venues than yours. They will try everything to coerce you into accepting a lower amount—especially when the adjuster tells you something along the lines that they will be a “good guy” and give you more than the other guy got. It’s all a trap.

       3. You Don’t Know Your Complete Legal Options

Sometimes you get an insurance adjuster that will throw you a lot of money right away. Maybe you have to fight a little to get there, but you end up getting more than you think you would have… Or at least more than what you’ve seen others get when you did your research.

So you think you pulled a David vs. Goliath and won—right?

Probably not.

Our experienced personal injury lawyers know that insurance adjusters will not just pay out compensation that seems fair or more than fair for no reason. If anything, that’s the first indicator that they know something you don’t—and probably something BIG.

Oftentimes many people who try to handle personal injury cases on their own will miss out on some other types of compensation they may be entitled to.  This can include:

  • Derivative claims for a spouse or family member, such as loss of consortium, loss of guardianship, and other claims involving family members
  • Future medical expenses
  • Vocational or economic losses if unable to return to the same job
  • Punitive damages
  • Property damages
  • Home or vehicle modifications
  • Medical devices, and
  • Many other types of compensation that victims may not realize they are entitled to under South Carolina law.

Hiring a Personal Injury Lawyer is the Only Way to Maximize Your Recovery

If you or a loved one have been seriously injured in a car accident, trucking incident, or motorcycle wreck—or if a loved one was wrongfully killed—do not try to handle this type of insurance claim yourself. You are almost guaranteeing yourself to recover less compensation than you would have if you hired a lawyer. And you may also be missing out on other valuable compensation and rights that you may have.

After a serious auto accident or workers’ comp incident in the Upstate of South Carolina, call our experienced personal injury lawyers in Greenville, SC, to schedule your free consultation. We can answer all of your questions, and we are transparent with our fees and what we can do for you and your family. To learn more, contact us today.

 

Questions or Schedule An Appointment? Call Us:

(864) 326-3333

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