Technically speaking, you have the right to represent yourself in court. But, just because you are allowed to do something, doesn’t mean you should. When you represent yourself, you take on significant financial risks, not just the risk of losing the value of your case. Your chances of winning are dismally low, no matter how much you deserve to win. In fact, you stand a good chance of having your case thrown out before you even get started.
Because You “Can’t Afford to Hire an Attorney”
Before moving on to reasons why representing yourself is a bad idea, let’s wipe out this common misconception. You absolutely can afford to hire an attorney because you are going to hire an accident attorney who represents you on a contingency fee basis. This is standard. It means that you do not pay anything up-front, and you only incur attorney’s fees if you win money. You pay nothing to get started. Your attorney fronts the costs of prosecuting your case.
Now, let’s compare that to representing yourself. When you represent yourself, you do pay money up front. You’ll have filing fees, you’ll need to hire experts, possibly accident reconstructionist, and the list goes on. You may not get very far at all before you discover that you are tapped out and can no longer afford to move forward with your case.
When you hire a personal injury attorney, your attorney invests in your case; often tens of thousands and sometimes more than $100,000. So really, you probably can’t afford to not hire an attorney.
Because You Want to Save Money
So, let’s say you can afford to go forward with your case, you totally get how a contingency fee agreement works, and you want to represent yourself so you can keep all the money you win for yourself. That’s understandable, but there is a problem. When you represent yourself, you run a the risk of losing your case and having to pay the other side’s fees and costs if the court determines your case is frivolous. If you do win money, it will almost definitely be far less than you would have won with the help of an attorney.
When you represent yourself, the opposition knows it has the upper hand. When you are represented by an experienced and highly skilled attorney, the other side knows that you will not go for a low-ball settlement offer, and will start out with a higher offer. Your chance of reaching a favorable settlement without having to go to trial is much higher. If you do have to go to trial, your chance of winning is, again, much higher.
If you have been injured and are considering representing yourself in court, please schedule a free no-obligation consultation with an experienced accident attorney before making your final decision.
About Sandra Dalton
