Due to the hefty fees of lawyers, pursuing any claim in court, whether against your insurance company or the at-fault party, is costly. Even so, people seek legal assistance from qualified lawyers because they lack the necessary expertise.
But first, everyone who has a pain and suffering case wonders: Can I make a pain and suffering claim without a lawyer?
The answer is – YES. You can make a pain and suffering claim without a lawyer. However, the risks of loopholes, missing documents, and not having a proper plan to fight a case could cause you to lose a winning case.
In this article, we will explain the procedure and papers you will need to prepare to file a claim for compensation without the assistance of a lawyer, as well as why you should consider hiring a personal injury lawyer in Calgary.
Contents
What are pain and suffering?
Before you start preparing for your case, you should know which case you can file for the pain and suffering claim.
The pain and suffering claim refers to the physical pain and mental distress you feel after a car accident caused by another driver’s negligence.
According to law, compensation for such damages is hard to assign in amounts of money. Therefore, they are often referred to as non-economic damages.
You can claim such compensation when-
- The accident caused you lifelong physical impairment that may or may not include:
- Brain injury
- Spinal cord injury
- Loss of speech
- Burns
- Losing eyesight
- Loss of reproductive organs
- Going back to your previous lifestyle is impossible
- The trauma of the accident is causing you emotional distress
- Ongoing treatment and medication are disrupting your current lifestyle
How to make a pain and suffering claim without a lawyer?
If you have already decided not to hire a lawyer for your claim, you need to understand that you have to work in an organized manner.
Follow this step-by-step guide below to understand the pattern of work.
Step 01: Write a demand letter:
You have to send a letter demanding your compensation money to the insurance company. Here, you have to describe the damages, physician’s record, and evidence, and summarize your demand according to your pain and suffering.
Step 02: Prepare the documents:
To present your claim in court, you need to prepare sufficient proof that you are not responsible for the accident and documents to state the damages you are facing due to the accident.
- Medical record, report, bills, mediation list, and an entire history
- Statement of your physician regarding the severity of the injury
- A police report from the incident
- Information or recording of any witnesses
- Photos or videos of the accident
- Document of compensation for pain and suffering from your insurer in case you want to sue the at-fault driver.
Step 03: Calculate the value of damages:
You will need a base value of your pain and suffering from which you will start negotiating with your opponent. Even though you want to represent your case, you will need professional help when calculating the value of your injuries.
Step 04: File a lawsuit:
Finally, when you have enough evidence that you are not responsible for the accident, you can file a lawsuit or a complaint through the court.
Step 05: Response and negotiate:
Upon filing the case, the court will notify the party responsible for the accident. After that, you may receive a response letter stating whether your opponent has agreed or disagreed with the compensation money.
If both parties agree to negotiate, you can have a meeting and settle with an amount of money you think is enough for the damages you are facing.
Why Should You Hire a Lawyer?
Now, let’s talk about why you should hire a lawyer instead of taking all the responsibilities.
- The road to winning your compensation money for pain and suffering is hard to navigate for people who do not know the law of the state or region you are living.
- Treatment medication, the trauma of the accident, and physical pain are more than enough to cloud your judgment. In such a case, you may not have the right mind to fight a claim on your own.
- Lawyers have their way of finding the evidence, contacting police for the evidence, and filing and organizing official documents and other legal details. Seeking help from a lawyer will eventually aid you in doing all this work while recovering from the accident.
- When it comes to calculating the value of your accident and negotiating, there is hardly anyone as experienced as a lawyer.
- Depending on the severity of the case, your lawyer will claim for the damages that are hard to determine.
Conclusion:
Hopefully, you have found out how to make a pain and suffering claim without a lawyer. But the skilled lawyers have always recommended depending on them rather than trying to figure everything out yourself.
Let your lawyer handle the most challenging phase of your life so that you can focus on healing.
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