A claim for compensatory damages can cover repairs to your vehicle, medical fees, lost wages and other losses stemming from a car crash. Non-attorneys may not be experts on how to settle a car accident claim without a lawyer, but it is possible. If you’re planning to take the do-it-yourself route to settling your claim, you’ll want to fully understand the risks and be prepared.
We’ll discuss the basics of how to settle an auto accident claim without a lawyer, including common challenges, answers to frequently asked questions about the process and how different types of car accident claims are established.
[Read: What to Do After a Motor Vehicle Accident: Checklist]
Claims for Car Accident Damages at a Glance
The term damages refers to monetary compensation for an injured party in a civil claim. Most car accident damages are compensatory, but some states allow car accident victims to also claim punitive damages for particularly egregious acts (such as hostile behavior or some DUI violations). A crucial part of learning how to settle a car accident claim without a lawyer is determining what your actual losses are, and then assigning a dollar amount for each one.
Since damage to your car, injuries and other losses may not be apparent right away, claims require careful attention. As you figure out how to get a settlement for a car accident, you’ll need to determine which damages are relevant to your claim, and make sure you have supporting evidence to back it up.
Special (or “Economic”) Damages
These damages are easier to quantify and may include vehicle repairs, medical expenses and lost wages. Evidence such as repair shop estimates, billing statements and pay stubs could help support your claim.
General (or “Non-Economic”) Damages
Because these damages consider the intangible ways an injury has impacted your life, you may need evidence such as expert testimony from medical professionals, medical records, photographs and statements from loved ones. General damages may include:
— Pain and suffering
— Emotional distress
— Disfigurement
— Loss of consortium
— Reduced quality of life
How to Settle a Car Accident Claim Without a Lawyer: FAQ
Contacting your insurance company after a minor accident is one thing, but do you know how to file a personal injury claim
without a lawyer? Can you put a dollar amount on the emotional distress you may have experienced? While minor car accident settlement amounts are often straightforward, your claim may be much more complex.
We’ll answer some frequently asked questions you may have as you pursue a settlement.
[READ: How to Report a Traffic Accident to the Police]
What types of evidence will support my claim for pain and suffering damages?
A pain and suffering claim may encompass both physical and mental injuries resulting from the other party’s negligence, such as headaches, anxiety and mental anguish. Figuring out how to negotiate a pain and suffering claim without lawyers can be challenging. You may need expert testimony from doctors, statements from family members, detailed medical records or other key evidence.
How are non-economic damages calculated?
How should you be compensated for a disfigured face or the discomfort of three years of physical therapy? If you’re figuring out how to settle a car accident claim without a lawyer, you’ll need to translate these hardships into dollar amounts. They’re typically based on:
— The nature and severity of your physical and/or mental pain.
— How your injuries have impacted your daily life and relationships.
— Any potential long-term impact of your injuries.
— How courts have valued similar hardships in other cases.
As a starting point for negotiations, attorneys may multiply your medical damages by a factor of 1.5 to 5 (depending on the severity) to arrive at an amount for non-economic damages
. If your medical costs are $50,000 and you’ve suffered excruciating chronic pain as a result, you might multiply this by 4 and claim an additional $200,000 for pain and suffering.
How much time do I have to file a claim?
Each state has its own limits, called the statute of limitations. The clock begins running on the date of the incident that allegedly caused the injuries, but there are some exceptions. For instance, some states may allow for tolling, or pausing, the clock in certain situations like when the accident victim is a minor. In some situations, states might also wait to start the clock until a less-than-obvious injury could have reasonably been discovered, also referred to as the discovery rule.
How to Negotiate a Settlement Without a Lawyer: 5 Common Challenges
You’ll want to fully understand the challenges involved in learning how to negotiate a car accident settlement without a lawyer, especially if you’re claiming hard-to-quantify damages. Here are some hurdles to consider:
1. Insurance Companies Will Try to Minimize Your Claim
Insurers are financially motivated to keep payouts as low as possible. If they know you lack legal representation, they may assume you don’t understand the negotiation process. Because of this, it might be wise to refuse the first offer they make, unless you feel it is a fair valuation of your damages. Even if you don’t hire a lawyer to represent you, you can consider setting up a single consultation with one just to advise you on any settlement offer you receive.
2. Your Pain and Suffering, or Other General Damages, May Be Denied
Quantifying intangible injuries is one of the most complicated aspects of learning how to settle a car accident without a lawyer. The guidelines explained earlier can help you arrive at an amount, but expert witnesses and other evidence may be critical to backing your claim.
3. Legal Procedures and Documentation Can Be Complex
Whether you’re filing legal documents in court in response to a lawsuit, submitting evidence to support your claim or negotiating a pain and suffering claim without a lawyer, staying on top of the process is no easy task. Procedural mistakes, like missing key deadlines, can be costly and even result in the dismissal of your case. There are several resources available to non-attorneys, including the Law Library of Congress or your local court’s self-help guides, that can help you.
4. Your Claim May Not Consider the Long-Term Impact of Your Injuries
Do you know how your injuries will impact your future? Maybe you’ll require long-term physical therapy or a more-accessible home. Perhaps you’ll have to change your career or forgo some of your favorite physical activities. How do your injuries impact your relationship with your spouse? You’ll want to claim damages for any lingering economic and non-economic losses.
5. The Other Party May Have Legal Representation
Even if you’re confident you know how to settle an auto accident claim without a lawyer, you may want to reconsider if the other party has representation. Attorneys may not be cheap, but you may have more to lose by failing to properly represent yourself in a case, especially if it involves personal injuries, questions related to who caused the accident, or if you’re being sued.
Get the Right Settlement Amount for Your Claim
If you don’t know how to settle a car accident claim without a lawyer, you’re not alone. You don’t always need legal representation, but not having it when you need it can be very costly. Consider talking to a car accident lawyer today to understand your rights to car accident compensation.
[What Does Hiring a Lawyer Cost?]
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How to Settle a Car Accident Claim Without a Lawyer originally appeared on usnews.com
