woman with a personal injury

Should I Try to Settle My Personal Injury Case Myself?

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By Yosi Yahoudai
Founder and Managing Partner

Are you a California resident who has suffered a personal injury? Do you have plans to file a claim against an insurance company?  You may be wondering, “Should I try to settle my personal injury case myself”?

Insurance companies know that very few people have the knowledge or patience required to battle during a personal injury claim effectively. As a result, insurance companies often prolong the claims process, using various tactics to exhaust the claimant’s energies and financial resources. They count on frustrated claimants accepting reduced compensation or giving up the fight against a denied claim altogether.

California personal injury attorneys advise prospective clients against navigating personal injury claims without legal representation. Here are three reasons why:

1. Lack of Legal Perspective and Knowledge

As part of their routine business practices, insurance adjusters have extensive experience defending against insurance claims. They are versed in the rules and regulations applicable to the insurance industry and have vast resources to navigate the laws governing personal injury lawsuits filed against their interests.  

You likely do not have the same expertise as the insurance agency against whom you have filed your claim. Your inexperience and lack of knowledge will work to your disadvantage when pursuing your personal injury settlement, often through a low settlement, no settlement, or a time-barred lawsuit.  

On the other hand, an experienced personal injury attorney will:

  • Recognize the tactics used by big insurance to delay or deny your claim and will protect you against insurance bad faith practices
  • Know what damages are available to you for property loss, personal injury, or wrongful death 
  • Adhere to the guidelines and the statutes of limitations that protect your legal right to file a personal injury lawsuit 

These are just a few of the ways in which your attorney can help manage your case.

2. Time and Organization

Communications, record keeping, and settlement negotiations take a lot of time and outreach. Gathering relevant documents, such as prior medical history, current medical records, wage reports, expense statements, and witness testimony, can be very demanding on your daily schedule. Knowing how to organize the information, what to produce, and how to interpret information can also be overwhelming.

When you engage a personal injury attorney as your advocate, they will detail what documents are needed, when they are required, and how they will be used to substantiate your position. Your legal team will organize and prepare your documents for production. They will also demand documents from the opposing party which may support your position. 

Further, your attorney will operate within mandated time frames to preserve your legal right to pursue a lawsuit for compensation.  

3. Professional Leverage

Personal injury attorneys can anticipate an insurance agency’s approach and tactics, refute their arguments, and effectively maneuver the narrative toward a favorable settlement of the claim.

Insurance companies understand that personal injury lawyers are:

  • Fully aware of what is reasonable in terms of a settlement
  • Skilled at gathering and presenting facts
  • Consistently building an argument that will support their client at trial

As a result, insurance companies realize the cost-effectiveness of settling an attorney-represented claim quickly and fairly, rather than engaging in lengthy and costly litigation. They are also more likely to award significantly higher compensation to victims represented by attorneys than to victims who self-represent their claims.

Hire a California Personal Injury Attorney to Settle Your Case

While you are considering a personal injury claim, it’s important to remember what you are up against. A skilled personal injury attorney will fight for your right to fair compensation against big insurance’s bad faith practices. With experienced and tenacious representation on your side, you can focus your energies toward healing and recovery. 

If you are still questioning whether your case warrants an attorney’s services, contact our office today. A consultation with one of our experienced California personal injury attorneys will give you the insight you need to make an informed decision.  

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.