Each year, more and more personal injury claimants decide they don’t need an attorney. They file a claim or go to court on their own, in a process called pro se litigation. Many states see about 67%-73% of their cases litigated in this matter. On the Federal level, it is rarer; About a quarter of the actions are done this way. Even if you feel you’re in the right, and there is no way to lose your case pro se, going in without a solicitor is dangerous. Assuming you win, you will almost certainly receive less compensation than a solicitor could have gotten you. Here are a few reasons why your solicitor will come in handy.
You can’t possibly know as much about personal injury law as your attorney. If you did, you would be a personal injury attorney yourself. Seemingly clear cut cases aren’t always so simple. Let’s take the case of a distracted driving accident: Motorist x hits a pedestrian while talking on their cell phone. Pro se litigant Y would certainly be able to get their medical bills paid by going to court on their own, but they would be unlikely to get punitive damages (special fines assessed as a punishment.) It would take an attorney to prove cognitive as well as visual distraction, and persuade the judge and jury to assess the maximum damages allowed under the law.
You don’t know how to do jury selection. Jury selection is tricky, involving a a mix of proper questions, statistical knowledge, and just gut-feeling. Clearly the manner of choosing the jury directly impacts the outcome of the case. We don’t recommend relying on opinions but statistical facts, which vary case-to-case. An attorney would be far better qualified to make this determination.
Examination and cross-examination is next to impossible to win against a trained attorney. Which, the other side will likely have one. Examination can be an exhausting process and unless you have had lots of training on how to handle it, the likelihood of it favoring you is slim. It’s not just an argument, there are certain things you are allowed to say and certain things the judge will order stricken from the record. Pro se litigants tend to crumble under effective cross-examination and you should be very mindful of how this will affect your claim.
You won’t know how to question the witnesses. You can’t ask a witness whatever you want. You have to be able to first prove the witness is relevant, and then you must “lead the witness” to support your conclusions in the appropriate manner. If you have not spent time practicing this in a live court room, you are very likely to ask improper questions, which can ruin your case and lower the amount of your settlement.
Read on – Injury Solicitors