Settling Personal Injury Claims Without A Lawyer: Is It Right For You? 

Though many people believe that they will take home a greater sum if they try to settle their personal injury claims without paying a lawyer's fee, in reality this is seldom the case. Negotiating with insurance companies is a complex endeavor which requires a great deal of legal experience. Insurance companies often assume that people who are attempting to settle their own claims are financially desperate and, as such, they offer them smaller settlements believing they will take whatever they can get. Having a personal injury lawyer handle your claim sends the message that you are empowered, knowledgeable, and serious about getting a fair sum.

There are, however, a few exceptions to the above rule: Minor claims are sometimes better negotiated without a lawyer due to the small amount of money involved—hiring even the best lawyer will seldom net you a substantial sum where there is no serious injury. In general, some steps to take when attempting to settle your own personal injury claim include:

• Decide on a minimum settlement amount beforehand. You should not reveal this amount to the adjuster—it is purely for your own reference. Having a settlement amount in mind will make you a more effective negotiator as it will prevent you from making impulsive decisions once facts and figures begin flying around during your discussion with the adjuster. Note that while you should be firm on this figure, if the adjuster raises valid points highlighting why your claim is weaker than you think it is, you should be open to considering a compromise; alternatively, you can consult with a lawyer—he or she may be able to strengthen your case. 

• Never take the first offer you are given, even if it sounds good. Adjusters almost always offer a low amount to begin with; sometimes, this is a tactic they are using to understand whether or not the person making the claim understands how much their claim ought to be worth. As such, you should always respond with a counteroffer; for best results, pick an offer that is slightly lower than the one you included in your demand letter—this shows the adjuster that you are willing to compromise, and will often encourage him or her to negotiate more fairly with you.

• Mention emotional consequences you suffered as a result of the injury. While you shouldn't unduly dramatize a minor injury, if your injury interfered with something that is very emotionally important to you (such as caring for your child or attending your best friend's wedding) you absolutely should mention the distress you suffered as a result. Emotional factors can help to put your claim in its proper context and net you a sum which more fairly reflects your actual experience.

• Be patient. Seeming over-eager, e.g. reducing your demands before receiving a new offer from the adjuster, makes you appear both desperate and unprofessional. Adhere to the legal process in a calm and measured way for best results.

As a final note, it's important to remember that even if you begin settling a claim yourself, if at any point you feel negotiations are not going the way you had hoped, you're still free to turn the matter over to a lawyer; never settle for less than what you deserve! If you need help with a personal injury case, family law or traffic lawyer, reach out to The Smelyansky Law Firm today.