If you are injured and want to file a lawsuit, you might consider representing yourself and filing without a lawyer. You might even consider filing an insurance claim and skipping a lawsuit altogether. While this might be possible, it is usually a very bad idea.
Technically, handling a case pro se by representing yourself is allowed. However, it has both practical and legal problems you might not be able to overcome. Additionally, trying to handle your case on your own often leaves you with serious limitations and disadvantages a lawyer can eliminate for you.
For a free, no-obligation case review, call our NJ personal injury attorneys at Agrapidis & Maroules, P.C. today at (201) 777-1111.
Can You Proceed Pro Se in an Injury Case in NJ?
Technically, NJ law allows you to proceed pro se and represent yourself, but it is usually impractical for three major reasons:
You Are Expected to Act as Your Own Lawyer
When you go pro se in your case, you are your own lawyer. If you have legal training, this might make things easier, but you are expected to properly format briefs, follow local court procedures, and follow all other procedural and evidentiary rules.
Judges might slow the case down a bit for you, but there are limits on how much leeway they can give you before it looks like they are showing favoritism. Plus, judges hate when pro se parties slow down court proceedings.
You Are Injured
If you have already healed up quite a bit after your injury, it might not seem like a burden to represent yourself. However, if you are seriously injured or disabled – and you need the judge and jury to see that – then standing up in court and performing an entirely new job might cut against that proof.
If you are trying to convince a jury that you cannot work and need lost wages for your disability, performing the work of an attorney for yourself is not going to be very convincing.
Inexperience
Lawyers go to school for three years, then study for the bar, then typically practice as junior associates for some time before being expected to handle cases on their own. Jumping in without this experience can be a difficult burden.
Even if you do have some legal experience, having the right kind of legal experience is vital. That means knowing the ins and outs of personal injury trials is vital:
- What do cases usually settle for in your area?
- How much are these injuries worth?
- What laws help prove negligence in this case?
- What duties are involved?
- Is this evidence admissible hearsay?
What Can a Lawyer Do for Me in My Injury Case?
If you are still considering handling your case without a lawyer, here are four major things that your lawyer can do for you as part of our services:
Handling the Case While You Recover
Part of the reason people outsource any task to a professional is so they can focus on other things. If you were injured and need to spend time in the hospital, at medical appointments, or cherishing time you almost lost with your family, our lawyers can take care of the case for you.
Managing and Collecting Evidence
There are pieces of evidence that you might not have the time or skills to collect, plus evidence you might not have thought of.
Our lawyers have experience talking to police officers, getting copies of police reports, taking witness depositions, and working with experts to provide reports to help with your claim. We can also seek out local security cameras or traffic cam footage – if available – to help prove your claim.
We can also track medical records and expenses, help you keep journals of your pain and recovery, and track other damages.
Valuing Your Case
It is hard to know what an injury case is worth. We can tell you that lost earnings, medical bills, other expenses, and pain and suffering are typical damages in every injury case. Still, we cannot calculate the damages for your injury claim without investigating closer.
We can help calculate these damages, determine what your pain and suffering is worth, and investigate other damages you might not have considered – such as loss of consortium damages for the effects on your spouse.
Advocacy
Many of our NJ personal injury attorneys, individually, have decades of experience going before courts and representing defendants in injury claims. Combined, we have over a century of experience.
We can use this to advocate for you before the court, fight for you in negotiations, and stand up for you, bringing our experience to bear in your case.
It can also be easier to advocate when there is some distance between you and the injuries. When you are arguing for your own compensation, it might be too personal to be effective, while a lawyer has the distance needed.
Do I Need a Lawyer for an Insurance Claim?
Filing an insurance claim has a lot of the same considerations as a lawsuit: having a lawyer calculate your damages, negotiate for you, and handle the case while you recover is a big benefit. You miss out on all of this if you try to handle the claim yourself.
Plus, insurance claims are often more complex than you think. Especially with car insurance – where NJ law has a “serious injury threshold” that needs to be met before you can go after the defendant’s insurance – there are complex rules for coverage that our lawyers can help with.
Are Injury Lawyers Expensive?
The one thing holding many people back from using a lawyer in their injury case is the fear that a lawyer will be expensive.
Our lawyers typically work on a contingency fee. This means that there is nothing to pay upfront for your injury, and you pay us nothing unless we win. Then, our fee comes out of your winnings, ensuring there is no issue with affordability.
Overall, these services take only a modest fee. In certain cases, we can also seek additional damages from the defendant to cover legal fees and punish the defendant for intentional or reckless actions.
Is My Case Serious Enough for a Lawyer?
A final hesitation you might have is that you do not think your case is serious enough to bother using a lawyer. If you faced medical bills and lost time at work, your damages are worth taking seriously and calling a lawyer about.
Plus, our attorneys offer free case assessments, so there is no harm in calling to discuss your case.
Call Our NJ Personal Injury Attorneys Today
Contact Agrapidis & Maroules, P.C. today at (201) 777-1111 for a free case assessment from our Paterson, NJ personal injury lawyers.