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Aug
2024

Can You Represent Yourself in a Car Accident Lawsuit in Florida?

on  Car Accidents

It is not unusual for injured victims to look for compensation after a crash. Some individuals may try to take their case on their own, thinking they can get compensation and save money in the process. Unfortunately, this way of thinking often ends with devastating results. Plus, you will likely end up with significantly more money if you hire a lawyer. 

Studies show that accident victims who hire a lawyer consistently end up with significantly more money in their pocket, even after legal fees are paid. Insurance company data reveals that represented claimants recover 3.5 times more on average than unrepresented ones. In cases that go to trial, the difference is even more stark – 11.5 times more. 

Can you represent yourself in a car accident lawsuit in Florida? Should you do it? Before deciding to go it alone, it’s critical to understand the challenges and risks involved in self-representation. 

The Risks and Challenges of Representing Yourself After a Car Accident in Florida

Make no mistake—pursuing a car accident lawsuit on your own is an uphill battle. You’ll be up against seasoned insurance adjusters and defense attorneys whose job is to minimize payouts and protect their company’s bottom line. Insurers are notorious for using tactics to take advantage of unrepresented claimants.

Some of the major challenges you’ll face include:

Lack of legal expertise: Personal injury law is complex, with many statutes, Florida case law, and procedural rules to navigate. You’ll be at a significant disadvantage without a law degree and litigation experience. The insurance company will exploit your lack of legal knowledge.

Unfair negotiations: Insurance adjusters are trained to settle claims for as little as possible. They’ll lowball you with offensively small offers, hoping you’ll grow frustrated and give up. Don’t expect them to negotiate fairly with an unrepresented party.

Proving liability and damages: Winning your case requires sufficiently proving that the other party was at fault and providing strong evidence of your injuries and losses. This often involves accident reconstruction, witness interviews, medical expertise, actuarial analysis, and more. Handling this on your own is a huge undertaking. The courts will expect you to show all elements in your claim as well. Failure to prove one of these four elements is enough to get your claim dismissed.

Paperwork and procedures: From drafting the initial demand letter to properly filing your lawsuit complaint to conducting discovery to arguing motions and trial objections, the procedural aspects of a lawsuit are daunting for non-lawyers. One misstep could get your case dismissed.

Time and stress: Pursuing an injury claim is extremely time-consuming. It can become a part-time unpaid job on top of your other responsibilities and recovery. The stress of battling legal professionals alone takes a big emotional toll.

Simply put, the deck is stacked against you if you try to take on the insurance company by yourself. Their vast resources and experience put you at a major disadvantage from the start. Insurers have no incentive to offer a fair settlement to someone who doesn’t understand the true value of their claim or the ability to litigate in court.

Do You Even Know What Your Case Is Worth?

If you’re trying to handle your car accident claim alone, one critical question you need to ask yourself is: Do I really know what my case is worth? Many accident victims assume their claim’s value is limited to their current medical bills and lost wages. However, they fail to consider the long-term implications of their injuries.

For example, your injuries may lead to future medical expenses, ongoing rehabilitation, or the need for assistive devices. You may have to miss significant time from work, resulting in lost income and missed opportunities for advancement, bonuses, and benefits. Your injuries may leave you with chronic pain, permanent disfigurement, or disabilities that impact your quality of life. These are all compensable damages, but putting a dollar value on them is no simple task.

Accurately evaluating the full value of a car accident claim requires a deep understanding of the medical and legal issues at play. It often involves consulting with experts, including doctors, surgeons, physical therapists, psychologists, accident reconstructionists, actuaries, and forensic economists. These professionals help assess the full extent and impact of your injuries – physical, emotional, and financial.

Putting all of this complex information together into a coherent, evidence-based damages assessment is not something the average person can do effectively on their own.

Yet this is the ammunition you need to negotiate with the insurance company on a level playing field. Remember, insurers have teams of lawyers and experts on their side. Their goal is to settle your claim for as little as possible. If you don’t have your own expert analysis to counter their lowball offers and show the true value of your damages, you’ll be at a severe disadvantage.

So if you’re considering handling your car accident claim on your own, ask yourself – do you truly know what your case is worth? Do you have the expertise and resources to properly assess your full spectrum of damages, today and into the future? If not, you could be leaving substantial money on the table and doing yourself a serious disservice.

The Benefits of Hiring an Experienced Florida Car Accident Lawyer

In contrast, having an experienced Florida car accident attorney on your side levels the playing field. Your lawyer is your guide and advocate, fighting to get you the maximum compensation possible. They’ll keep you well-informed, provide sound advice, reduce stress, and work tirelessly to achieve the best outcome.

Key advantages of hiring a lawyer include:

An experienced car accident attorney intimately understands the applicable laws, precedents, and procedures. They can quickly evaluate your case, identify all potential claims, and build the strongest argument for full and fair compensation.

Negotiating Power

Insurance companies know that a represented client has the ability and willingness to file a lawsuit if necessary. This gives you much greater leverage in settlement negotiations. Lowball offers are a non-starter.

Access To Resources

Skilled lawyers work with a network of experts to thoroughly investigate your accident, reconstruct what happened, analyze the medical evidence, and calculate the full extent of your damages – past, present, and future. This team of professionals strengthens your case immensely.

Your attorney handles all the paperwork, phone calls, emails, meetings, and court appearances. They’ll ensure everything is done properly and on time while you focus on recovering.

Contingency Fee Basis

Most personal injury lawyers work on a contingency fee, meaning they only get paid if they win money for you. There are no upfront attorney fees. Their fee comes as a percentage of the settlement or court award, incentivizing them to maximize your financial recovery. In addition, most reputable car accident attorneys offer free initial consultations, so there’s no cost to get an expert evaluation of your situation.

Over the years, we have learned that car accident injury victims have a better chance of getting compensation by hiring an attorney. A Florida car accident lawyer can take care of all aspects of your claim. This means collecting all necessary evidence, meeting all filing deadlines, complying with all court rules, and establishing the defendant’s liability and negligence.

Should I Hire a Car Accident Lawyer Or Represent Myself?

Deciding whether to hire a lawyer for your Florida car accident case is a significant decision. While self-representation is an option, it’s almost always an unwise choice except in the most minor of cases. The benefits of having an experienced Florida car accident lawyer on your side cannot be overstated.

Statistically and anecdotally, represented car accident victims recover substantially more compensation than those who try to handle their own claims. Just as importantly, working with a lawyer reduces your stress and allows you to focus on your physical recovery and moving forward with life.

Most car accident attorneys offer free consultations, so there’s no financial risk to at least getting an expert evaluation of your case. Odds are, you’ll walk away realizing that having a skilled lawyer in your corner is the smartest move.

Contact Our Florida Car Accident Attorneys

If you’ve been injured in an auto accident in Florida, don’t navigate the legal minefield on your own. Consult with an experienced personal injury attorney at Prosper Shaked Accident Injury Attorneys, PA., who can fight to get you the full and fair compensation you deserve. 

For many years, our personal injury attorneys have handled many car accident claims in Florida and know what it takes to fight for compensation. We are not afraid to face the liable parties and hold them accountable for your losses. We will fight aggressively and strategically to get the compensation you deserve. Don’t wait for another day; contact Prosper Shaked Accident Injury Attorneys PA. To learn more about all of our services, call our law offices today at (305) 694-2676.