How to handle your own personal injury case

As a personal injury lawyer based in Los Angeles, I often get asked whether people should handle their own personal injury case or hire an attorney. The answer isn’t always black and white. In fact, not all cases require legal representation—particularly those involving minor property damage or injuries. That’s why I always encourage individuals to at least schedule a consultation with an attorney, even if they ultimately decide to go it alone. In my experience, about 40–50% of personal injury cases can be handled without a lawyer’s help.

If you’re dealing with minor property damage under $1,000 or the damage to your vehicle is barely visible, it might not make financial sense to hire an attorney. Legal fees could reduce your net recovery in such cases. Similarly, if you have very minor injuries—like some neck or back discomfort that resolves quickly with little or no medical treatment—you may not need legal help.

Waiting too long to see a doctor can severely undermine your claim. Insurance companies will use any delay or gap in treatment to suggest your injuries weren't serious or were unrelated to the accident.

If you decide to manage your own personal injury claim, be cautious when dealing with insurance companies. I strongly advise against giving early recorded statements. These can easily be used against you later—especially if your injuries get worse over time. Insurance adjusters often try to settle cases quickly and cheaply, so don’t be tempted by an early low-ball offer just to get things over with.
You’ll also want to gather certain key documents and evidence right away:

• Obtain the police report if one was created.
• Request both medical records and medical bills (these are separate and come from different departments).
• Get a detailed property damage estimate and take clear photographs of vehicle damage and any visible injuries.
• If possible, repair your vehicle promptly to avoid unnecessary storage fees.
• Always be courteous and calm when dealing with adjusters. It helps maintain a productive working relationship.

Paying for medical care after an accident can be complicated. Sometimes your health insurance will pay, but they might expect reimbursement. Your auto insurance may also provide “med pay” coverage. It’s critical to understand how your bills will be paid and whether you'll owe anything later.

Be cautious about settling your case before you’re fully healed. If you settle too soon and your condition worsens, you can't go back and ask for more compensation. On the other hand, over-treatment can also damage your case. Insurance companies and juries are skeptical of excessive medical care that doesn’t seem medically necessary. Stick to treatment your doctors actually recommend.

When you’re ready to negotiate, I recommend preparing a comprehensive demand package. This should include:

• A clear demand letter that outlines the accident, your injuries, treatment, damages, and the amount you're requesting.
• All supporting documentation, including medical records and bills, police reports, property damage estimates, lost earnings documentation, and photos.

Keep in mind that insurance companies often use computer software and internal guidelines to determine settlement values. The amount you demand may not heavily influence their offer—but presenting a complete and professional package can help your credibility.

Once you agree to a settlement, you’ll likely need to sign a release form, which finalizes the agreement and prevents future claims. If your health or auto insurer has paid any of your medical bills, they may have a lien on your settlement that needs to be addressed.

Do not sign anything early in the process. Insurance companies may ask you to sign documents to “process your claim,” but these forms may give them access to all your medical records or waive important rights. Be cautious and read everything carefully.

If you’ve suffered serious injuries or significant property damage, it’s wise to seek legal representation. But if your case is relatively minor, you might be able to handle it yourself by following the guidance I’ve outlined here. My goal is to help you make an informed decision that protects your interests—whether you choose to hire an attorney or go it alone.

• Not all personal injury cases require a lawyer; minor damages and injuries can often be handled independently.
• Timely medical treatment is crucial; delays or gaps can weaken your claim significantly.
• Avoid early recorded statements to insurance companies—they can be used against you later.
• Take detailed photos of vehicle damage and any visible injuries immediately after the accident.
• Obtain both medical records and bills separately from healthcare providers; they are different and both are necessary.
• Prepare a comprehensive demand package before negotiating with insurance companies.
• Maintain courteous communication with insurance adjusters to facilitate smoother negotiations.

Additional insights:

• When to Hire a Lawyer: I estimate that 40–50% of personal injury cases can be handled without a lawyer. That may surprise people, but in minor cases, legal fees can eat into your compensation. A legal consultation is a smart and affordable first step.
• Importance of Prompt Medical Care: Insurance companies closely examine when and how often you sought medical care. If you delay or skip treatment, they’ll use that against you. Seek care promptly and keep your records organized.
• Risks of Early Recorded Statements: These recordings often serve the insurance company’s interest, not yours. Politely decline if you’re asked for a statement early on.
  
• Value of Documentation: Photos provide powerful, objective evidence. Take pictures of all visible injuries and property damage as soon as possible.
• Demand Package Preparation: A well-organized demand package helps present your case clearly and persuasively. Documentation is key—gather every relevant record and detail.
• Strategic Interaction with Adjusters: Stay calm and respectful, even when adjusters are difficult. Being professional can lead to better outcomes and easier negotiations.
• Realistic Expectations: Personal injury cases aren’t lottery tickets. Focus on recovering what you lost—medical expenses, property damage, and missed work—not on unrealistic payouts.
• Handling Medical Payments and Liens: Know how your bills are getting paid. Reimbursements to insurance providers or liens can significantly impact your final settlement.
• Timing of Settlement: Don’t settle too soon. Wait until your treatment is complete or you’ve been discharged by your doctor so that your compensation reflects the full extent of your injuries.
• Avoiding Over-Treatment: Excessive treatment without medical necessity can raise red flags with insurers and juries. Stick to a treatment plan that your doctors recommend, and be honest about your recovery.

By sharing this information, I hope to empower individuals to make confident, informed decisions about their personal injury claims. Whether you hire an attorney or choose to represent yourself, being knowledgeable and strategic will put you in the best position for a fair outcome.