Can I make a personal injury lawsuit without a lawyer? It is a common question widely discussed in the United States. The answer is always a “Yes”. Here are we with your satiable answers on winning the personal injury claims without a lawyer, provided you follow every information pooled calculatedly.
You need to better understand every nuance of the personal injury lawsuit since you are on your own. This will be the right blog assisting you to represent the case on your behalf. To do so completely right, you have some prerequisites to be followed to succeed in your claim.
The to-do list includes dos and don’ts of personal injury. It may be motor vehicle accident, medical malpractice, wrongful death, workplace accident, aviation or boating accidents, animal attack or dog bites, exposure to asbestos, etc. The list further follows personal injury timeline according to each state, personal injury settlement, personal injury case law, the proceedings to be undertaken step-by-step to get personal injury settlement amount, and personal injury examples for your relevant injury lawsuit. Following the steps will help you not only to get the claim or settlement but also a greater confidence and satisfaction of winning a personal injury lawsuit without a lawyer.
Facts about Personal Injury Lawsuits
Personal injury lawsuit plays a pivotal role in every human’s life. According to the US department of justice’s personal injury statistics, there are 400,000 personal injury claims every year. It numbers only those personal injury cases and claims which have surfaced for pre-trial, settlement, and ultimately the lawsuit against the defendant by the plaintiff.
Many cases are ignored and unnoticed due to lack of money or support to file a personal injury lawsuit. Above all, there is a lack of knowledge on statutes of limitations, personal injury timeline, and the general law code as per the state jury in the United States. The lawyers who follow up personal injury lawsuits are merely 90,000 to 135,000.
There is a reasonable question in every US citizen’s mind. How can a few attorneys take care of all the personal injury cases such as personal injury settlement, claims, and so on? Personal injury has its timeline to file a lawsuit, or else; it is considered to be fetching no expected outcome for the plaintiff.
This makes the defendant’s counterclaim very strong and invites pain, anguish, dishonor, disgrace, and mental torture to the plaintiff. This is known as adding fuel to the fire symbolically. It does emphasize adding more agony to the plaintiff’s bruise and injury.
The following steps will help the reader understand every possible means of getting the defendant sued in the personal injury lawsuit without a lawyer and settling the plaintiff’s claim as per the injury. An 18th-century philosopher from India named Vivekananda says, “Arise, awake and stop not, till the goal is reached”. By following this statement, never give up on any case related to personal injury lawsuit till you get the last penny settled within the timeline.
Personal injury lawsuit statistics mentioned above outlays a clear picture of personal injury cases and the lesser number of personal injury attorneys or the law firms in the United States. This paves the way for me to answer the question discussed at large; can I make a personal injury lawsuit without a lawyer?
Personal Injury lawsuit
Personal injury lawsuits are legal disputes according to the civil procedures of personal injury law. This indicates that a person is inflicted violence or any personal injury by the other party comes under a serious offense against the state-wise law. The injured party is the plaintiff, and responsible for inflicting personal injury is the defendant.
In gist, personal injury lawsuit establishes a staunch case as of law against the defendant by the plaintiff for the personal injury settlement. In this article, we will enlighten you to file a personal injury lawsuit without a lawyer if you or any of your beloved ones are affected.
Several cases come under the personal injury lawsuit. Let me highlight a few for your perusal to sue rightly against the defendant. Since the knowledge on personal injury lawsuits may be limited without a lawyer, I shall provide some common cases relevant in the US to be sued for settlement.
Auto Accident Injury
Auto accident injury has been occurring every second in the US. The cases increased desperately even though the kilometers traveled decreasing drastically due to the pandemic. According to the US department of transportation’s national highway administration illustrates a 7.2 percent increase in road accidents from the previous year despite the kilometer traveled reduced to 430.2 billion miles.
It tells that the personal injury cases are increasing; however, the travel gets reduced. Auto accident injury has many types. There are a few for your reference.
- Pedestrian Accidents
- Motorcycle Accidents
- Car Accidents
- Bicycle Accidents
There are a lot of injuries occurring due to the auto accidents. They can be a great mode of evidence for the personal injury lawsuit. There are a few at your disposal.
- Back Injuries
- Spinal code injuries and paralysis
- Traumatic brain injuries
- Limb loss and amputation
- Facial injuries and scars
- Fractures and broken bones
- Internal injuries
- Soft tissue injuries
- Headaches and migraines
Slip and Fall Accidents
You can file a personal injury lawsuit without a lawyer for a slip and fall case. You must have got injured due to the negligence of another party may be of carelessness. You need to get a proper settlement for the loss you incurred in the fall you had. This is common as people grow in age. So you are liable to claim for the compensation without exceeding the timeline of the personal injury calculator.
Johns Hopkins’s survey on medical malpractice tells that there are 2, 50,000 people die every year. There are other reports briefing about 4, 40,000 people die every year. These statistics preclude that death alone is on a high note of mortality rate. What about then, the cases leading to personal injury lawsuits? This is to be discussed widely for the people to get due settlement for the multi-facet pain they have suffered and suffering so far.
Medical malpractice creates great havoc in the life of people. This is mere negligence of health care providers, including- doctors, nurses, and other health care workers. It is a common phenomenon in the US where people get affected and file a personal injury lawsuit to settle for all the harm inflicted.
It has various types. They are as indexed below.
- Surgical errors
- Failure to treat
- Medication errors
- Anesthesia errors
- Childbirth injuries
- Delayed diagnosis
Apart from these, there are a plethora of personal injury cases happening now and then in the US, like; workplace injuries, wrongful death, product liability, and assault. We may not be able to complete learning every minuscule detail, but a few common cases will help us to know about the severity of the personal injury cases. Ultimately, these evidences will assist you to file a personal injury lawsuit without a lawyer. That is exactly the primordial concern of this article too.
Types of Damages in Personal Injury claims
There is always uncertainty about the damages you need to claim for the personal injury cases concerning the lawsuit. Since you will file a personal injury lawsuit without an attorney, you must determine the types of damages you are claiming. There are three types of damages claimed in the personal injury lawsuit. They are on the go- economic damages, non-economic damages, and punitive damages. Economic and non-economic damages are compensatory damages in nature.
This is an easy aspect of measuring economic damages in the personal injury lawsuit. This is also known as special damages since the loss is measured and calculated with the direct assistance known through bills, vouchers, property damages, medical expenses, and time away from work.
Let me provide you with an example of a motorbike accident. Supposing, the plaintiff has a minor accident in the personal injury lawsuit, the court of law may decide not to go for the significant settlement or compensation, Incase, the motor accident occurs gravely and has had complicated treatment, then the jury will give an ascent for greater compensation. The plaintiff needs to know the personal injury lawsuit and timeline, which will be explained in the following topics.
On the one hand, the plaintiff needs to know the damages the vehicle had, medical bills paid to the hospital, and the money or wages you lost during the process.
Non-economic damages are also known as general damages. It is a kind of metaphysical reality to have a clear-cut understanding. This is not easily measurable because it relates to emotional distress, ignominy, psychological pain, and suffering. We do not have a calculator to measure all of them but there are parameters to understand them.
The parameters include; the intensity of pain you suffered, the longevity of the work delay, the traumatic experiences, etc. are taken into consideration in the personal injury lawsuit. This is to be proved before the jury convincingly with the correct parameters. This is important to the plaintiff as he is on his own while the court proceedings take place on personal injury lawsuit without a lawyer.
Punitive damages are punishable offenses along with a higher form of compensation. This occurs during the defendant’s indulgence volitionally or willingly committed or the reckless behavior shown to fetch-forth personal injury to the plaintiff by the defendants. The compensation will be much higher, comprising compensatory damages. This includes imprisonment.
Timeline for personal injury lawsuit across the US: State-wise
This is very much important when you go for a personal injury lawsuit without a lawyer. The US has several states, and each state has its personal injury timeline to file a lawsuit. If the plaintiff failed to file a personal injury lawsuit within the timeline, the defendant gets the upper hand to nullify the personal injury lawsuit as void.
Let me illustrate before you the state-wise statistics on personal injury timeline or statutes of limitation according to the US law code. This may help every individual in the US to file a personal injury lawsuit as per the time allotted, come what may, whichever state you belong to.
|Statutes of Limitations; State-wise Statistics|
|No||States||Timeline||Law code with specific chapter to defend the personal injury lawsuit without a lawyer|
|1||Alabama||2 years||Title 6, Ch. 2, 6-2-38 (2020)|
|2||Alaska||2 years||Sec. 9.10.070 (2020)|
|3||Arizona||2 years||Title 12, Article 3, Sec. 12-542 (2020)|
|4||Arkansas||3 years||Sec. 16-56-104, 16-56-105, 16-114-203, 16-62-102 (2020)|
|5||California||2 years||Code of Civ. Proc. Sec. 340 (2020)|
|6||Colorado||2 years||Colo. Rev. Stat. Sec. 13-80-102 (2020)|
|7||Connecticut||2 years||Conn. Gen. State. Sec. 52-584 (2020)|
|8||Delaware||2 years||Title 10, Ch. 81, Sec. 8119 (2020)|
|9||DC||3 years||Title 12, Ch. 3, Sec. 12-301 (2020)|
|10||Florida||4 years||Title 8, Ch. 95, Sec. 95.11 (2020)|
|11||Georgia||2 years||Sec. 9-3-33 (2020)|
|12||Hawaii||2 years||Rev. Stat. Sec. 657.7 (2020)|
|13||Idaho||2 years||Title 5, Ch. 2, Sec. 5-219 (2020)|
|14||Illinois||2 years||Ch. 735, Act 5, Art 13, Sec. 13-202 (2020)|
|15||Indiana||2 years||Title 34, Art. 11, Ch. 2, Sec. 34-11-2-4 (2020)|
|16||Iowa||2 years||Chapter 614, Section 614.1 (2020)|
|17||Kansas||2 years||Chapter 60, Art 5, Sec. 60-513 (2020)|
|18||Kentucky||1 year||Title 36, Chapter 413, Sec. 413.140 (2020)|
|19||Louisiana||1 year||Ch. Code. Art. 3492 (2020)|
|20||Maine||6 years||Title 14, Part 2, Ch. 205, Sub. 1, Sec. 752 (2020)|
|21||Maryland||3 years||Courts and Judicial Proceedings, Sec. 5-101 (2020)|
|22||Massachusetts||3 years||Title 5, Ch. 260, Sec. 2A and 4 (2020)|
|23||Michigan||3 years||Chapter 600, Act 236, Ch. 58, Sec. 600.5805, number 9 (2020)|
|24||Minnesota||2 years||Ch. 541, Sec 541.05, 541.07 (2020)|
|25||Mississippi||3 years||Title 15, Ch. 1, Sec. 15-1-49 (2020)|
|26||Missouri||5 years||Title 35, Ch. 516, Sec. 516.120 (2020)|
|27||Montana||3 years||Title 27, Ch. 2, 27-2-204 and 27-2-207 (2020)|
|28||Nebraska||4 years||Title 25, Section 207, 25-207 (2020)|
|29||Nevada||2 years||Chapter 11, Sec 11.190 (2020)|
|30||New Hampshire||3 years||Chapter 508, Sec. 508.4 (2020)|
|31||New Jersey||2 years||Title 2A, Ch. 14, Sec. 2A:14-2 (2020)|
|32||New Mexico||3 years||Ch. 37, Art. 1, Sec. 37-1-8 (2020)|
|33||New York||3 years||Civil Practice Laws and Rules, Art. 2, Sec. 214 (2020)|
|34||North Carolina||3 years||Title 1, Section 1-52 (2020)|
|35||North Dakota||6 years||Title 28, Ch. 1, Sec. 28-01-16 (2020)|
|36||Ohio||2 years||Title 23, Ch. 5, Sec. 2305.10 (2020)|
|37||Oklahoma||2 years||Title 12, Ch. 3, Sec. 95 (2020)|
|38||Oregon||2 years||Ch. 12, Sec. 12.110 (2020)|
|39||Pennsylvania||2 years||42 PA Con. Stat. Section 5524 (2020)|
|40||Rhode Island||3 years||Title 9, Ch. 1, Sec. 9-1-14 (2020)|
|41||South Carolina||3 years||Title 15, Ch. 3, Sec. 15-3-530 (2020)|
|42||South Dakota||3 years||Title 15, Ch. 2, Sec. 15-2-14 (2020)|
|43||Tennessee||1 year||Title 28, Ch. 3, Sec. 28-3-104 (2020)|
|44||Texas||2 years||Civ. Prac. & Rem Code, Title 2, Ch. 16, Sec. 16.003 (2020)|
|45||Utah||4 years||Title 78, Ch. 12, Sec. 78-12-25 (2020)|
|46||Vermont||3 years||Title 12, Part 2, Ch. 23, Sub. ch. 2, Sec. 512 (2020)|
|47||Virginia||2 years||Title 8.01, Ch. 4, Sec. 8.01-243 (2020)|
|48||Washington||3 years||Title 4, Ch. 16, Sec. 4.16.080 (2020)|
|49||West Virginia||2 years||Title 55, Ch. 2, Sec. 55-2-12 (2020)|
|50||Wisconsin||3 years||Chapter 893, Sec. 893.54 (2020)|
|51||Wyoming||4 years||Title 1, Ch. 3, Sec. 1-3-105 (2020)|
Requirement for the personal injury lawsuit
He needs to collect the pieces of evidence instantly. Dubiousness may exist in the plaintiff’s mind as what are the shreds of evidence required to file a personal injury lawsuit to get considered amount of settlement demanded?
- The plaintiff needs to take a photo of the property damaged
- The ill-gotten physical injuries, bruises, and wounds
- The coverage of the entire accident scene
- Collect the police report
Those mentioned above may be possible in some cases, but they may not be possible in many cases. Despite this fact, the plaintiff needs to collect the pieces of evidence as much as possible. Never mind collecting the written copy and the medical bills. You need to collect all the evidence required for the personal injury lawsuit but never provide any statement to the defendants to take advantage of your personal injury lawsuit.
It is said that “You need to be as cunny as a serpent and as humble as a dove,” so be humble throughout the proceedings but wise enough to get the entire settlement for the claim you make. Kindly make sure that you follow the timeline or the statutes of limitations according to the state you belong to. Never leak out or publish anything in the social media related to the personal injury claim. This information may better serve you to file a personal injury lawsuit without a lawyer.
Procedures for personal injury settlement claim
The imperative you need to keep in mind is you are all alone in the personal injury lawsuit without a lawyer. It develops a give-up option to withdraw and approach an attorney to file a personal injury lawsuit. Never take a fleet but have courage. This fear of failure is a stepping stone to prepare yourself to present the lawsuit with proper preparation on the claim and its detailed proofs.
You need to be clear about the personal injury caused by the defendant. You must have a few testimonies on your side to make the personal injury lawsuit much stronger and to get a satisfactory claim on your own without an attorney. This is a prerequisite before proceeding with any personal injury lawsuit.
- The plaintiff needs to prove a few general points to get the claim for personal injury cases.
- You need to strongly and evidentially prove that you had incurred monetary loss due to the bruise or harm inflicted by the defendant
- The defendant did not act responsibly and caused harm to the plaintiff’s property, physical body, and mind
- This is the primary maxim for any personal injury cases.
Here, I will help you file a personal injury lawsuit without a lawyer and receive the settlement claim demanded. If a motorbike accident has taken place and you need to file a personal injury lawsuit. First and foremost, you must collect the evidence for the lawsuit, such as photographs of the accident scene, damages, and the injuries along with a police report.
We need to know the ‘why’ of personal injury lawsuit and you will get the answer. I shall provide you with multiple dimensions to get the ransom. Remember, you are responsible for your action, so be on your guard. Every detail is important while you go for the personal injury claim.
- Step: I
Claim the settlement to the defendant or insurance company of the defendant directly with all the evidences. If not responded satisfactorily, file a complaint to the civil court on personal injury lawsuit within the statutes of limitation. This is called a summons or complaint against the defendant.
The prime idea of plaintiff representing the case must tell the civil court that he will administer the personal injury claim on his behalf with ‘constitutional freedom of choice’. Hitherto, the personal injury lawsuit starts effective and the plaintiff is the sole owner of his or her personal injury claim.
Summons include the persons involved in the personal injury lawsuit, the truth claim about the personal injury, defendant’s negligence caused disability or any other mental distress and the prayer of relief. The prayer of relief adds how the outcome of the personal injury claim needs to be according to the plaintiff.
The summons must be served to the defendant along with the complaint, making sure that the defendant is aware of the personal injury suit against him. If it is not done properly, it may backfire on the plaintiff. Forget not to receive the acknowledgement from the defendant on the summons served to defendant.
- Step: II
The civil court may provide the defendant nearly about 20 -30 days to respond to the personal injury lawsuit sued against him. The defendant tries to prove and disprove the allegation alleged by the plaintiff or may admit to the personal injury claim filed by the plaintiff to be true.
- Step: III
Both the parties will try to know the case proceedings on the personal injury claim. So they will apply for the information sharing details; maybe on depositions, condition of the issue, factual material presented by either party and physical validation. This is a kind of discovering facts about the personal injury lawsuit, claim, and its entirety.
- Step: IV
The plaintiff and the defendant will come to know the truth claims about the personal injury lawsuit and its transformation mildly. Knowing the discovery, they may understand the severity of the injury, possible claims, and so on.
As a result of this, both parties can go for a settlement, mediation, or arbitration. These elements come under pre-trial of the personal injury claim
The defendant, knowing the discovery will try to go for the settlement. The plaintiff will give the offer for the settlement, or the defendant will go for an offer of the personal injury claim to the plaintiff. There may be a counteroffer if the parties do not agree on the monetary or financial settlement demanded. This takes place between the plaintiff and the defendant or the defendant’s lawyer.
The third party will study the personal injury lawsuit as a whole and provide valuable solution to solve the issue without the trial. They can only suggest it to go for the offer and settlement of the case.
A neutral party is brought to guide the procedures or listen to their plea on the personal injury case. There may be arguments to prove their points. The neutral party, hearing all the nuances of the severity of the case will calculate the financial losses incurred, mental distress involved, timeline of the case, and related facts and witness’ assurance will tell the winning party.
- Step: V
This is the trial phase of the personal injury lawsuit without the lawyer filed by the plaintiff.
If the settlement is not well received or accepted by either plaintiff or defendant they will face each other in the trial for the personal injury lawsuit. The judge will examine the testimony and make a cross-verification on the know-how, when, and where of the personal injury case.
The argument and all the proof submitted is verified along with the plaintiff’s claim about the personal injury lawsuit. According to the injury’s severity and graveness, the jury will offer apt solution and instruction.
Pen ultimately, the jury will thoroughly go through the proof and the shreds of evidence and provide the verdict whether the defendant is liable to pay the ransom demanded by the plaintiff. The court of law then, will tell how much is to be compensated to the plaintiff by the defendant according to the intent and the negligence.
Pros and cons of personal injury lawsuit without a lawyer
The attorneys and lawyers are thorough with the legal issues. They have a lot of experience in handling personal injury lawsuits. They may better present the case than the ordinary citizen in the US. It does not undermine the ability each one has. Every individual is capable of carrying forward with the personal injury lawsuit despite the limitations.
Every product will have strengths and weaknesses, so also with the personal injury lawsuit without the lawyers or attorneys. Let us see some of the pros and cons of it.
- Plaintiff gets an opportunity to understand the state law on personal injury lawsuits.
- Cost is minimized to nil.
- Since the plaintiff is the affected party for the settlement and claim, he alone can present the case naturally and genuinely without any slip-up on the personal injury.
- There are no middlemen involved in the plaintiff’s side
- Confidence increases to handle any impediments on personal injury claims thereafter.
- Less experience and limited knowledge about personal injury underpinnings.
- Less confidence to handle the case with minimum data on statutes
- There is no clarification possible inside the jury as you present the case. It is forbidden according to civil law.
- It may increase the strength of the insurance company lawyer to give a befitting reply to the plaintiff’s question
- The possibility of satisfactory settlement on personal injury lawsuit without a lawyer is depending on your knowledge domain and the technicality of the verifiable proof you possess.
Self-belief is the greater strength of every individual. Belief in yourself and do it by yourself is my slogan for achievement. While following the step-by-step procedures on personal injury lawsuit, kindly comment on any issue you face. You will get instant solutions on any legal matters within the timeline to tackle them without a penny. I invite all of you to share your thoughts and help the ailing public claim the settlement without financial burden.
If anybody has filed a lawsuit without a lawyer can share your inspiring stories. The US is looking forward to hearing from you.
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