Minor fender benders in Merrillville, Indiana, are relatively easy to handle on your own without legal representation in Merrillville (a.k.a. pro se). You call the police to get an accident report, exchange insurance information, speak to your insurer, and get your vehicle fixed or replaced. A motor vehicle accident that escalates to a personal injury isn’t as easy.
What Happens with Car Accident Claims without Legal Representation in Merrillville?
In 2005, the Bureau of Justice Statistics (BJS) researched state civil cases throughout the United States. The research looked at the number of cases, median settlement amount, and percentage of settlement amounts at different thresholds. For example, 4% of product liability cases had damages awarded for less than $10,000. Were these settlements for the actual damage amount, or was the damage amount reduced because the plaintiff tried to pursue the case on their own?
For auto collision claims without legal representation in Merrillville because the plaintiff chooses to proceed pro se, the injured faces several obstacles:
- To file a personal injury claim, a plaintiff must file a medical affidavit proving their injury.
- Judges and juries may look more favorably in a case where the plaintiff is proceeding with a lawyer.
- Certain jurisdictions often offer limited resources to help a plaintiff proceed pro se, but have limited resources.
- Courts have multiple filing requirements and deadlines in a personal injury case.
Do Pro Se Plaintiffs Receive a Fair Settlement Amount?
Plaintiffs who proceed pro se in a personal injury case do receive settlements, but personal injury cases with an attorney tend to result in better settlements. The Insurance Research Council did a study and found that plaintiffs using an attorney received 3.5 times more from their settlement. The better settlement amount likely has several reasons:
- Plaintiffs may not be aware of all the damages they could potentially pursue.
- A personal injury lawyer can negotiate and argue on a plaintiff’s behalf.
- Pro se plaintiffs may not know of precedence in cases where better settlements and damages were awarded.
Do Personal Injury Cases without a Legal Representation in Merrillville Get Dismissed?
A case cannot be dismissed because the plaintiff filed pro se. However, personal injury cases often end in dismissal because the pro se plaintiff made an error. Here are some examples of errors that plaintiffs might make:
- Filing deadlines: Common deadlines include discovery, initial disclosures, or responses to defendant motions to dismiss.
- Mistakes in legal documents: Complaints or responses to motions with mistakes could result in a judge dismissing a case.
- Filing in the Wrong Jurisdiction: A pro se plaintiff might file in the wrong jurisdiction, resulting in a dismissal.
An article in the Journal of the American Bar Association starts with this sentence: “When claimants press their claims without counsel, they fail at virtually every stage of civil litigation and overwhelmingly fail to obtain meaningful access to justice.” Mistakes happen throughout the legal process without counsel. The same article reported that pro se plaintiffs struggled to recover their preferred settlement amount at all stages of the claim process, from negotiation to summary judgment.
It’s hard to say how many self-represented plaintiffs in personal injury cases have had their cases dismissed. However, the ABA reports that as many as 30% of self-represented plaintiffs have their cases dismissed. Plaintiffs may also find summary judgments rendered in the defendant’s favor. For example, in Griffin v. Menard, Inc., the plaintiff was injured by a falling kitchen sink at Menards. The case was appealed, but ultimately a judge found that the plaintiff did not adequately prove negligence.
In another personal injury case, Jones v. Ramos, the plaintiff was injured in an Uber vehicle during a two-car accident. The case was filed in New Jersey and Indiana at different points (the defendant was a resident of New Jersey). The case was eventually dismissed for repeated delays in filings, most notably not serving the defendant within the required 90-day timeframe. In this case, the pro se plaintiff struggled with the logistics of the court system and the appropriate venue to file the case.
How Much Does a Personal Injury Lawyer Cost?
If you’ve been injured in an accident, a consultation costs nothing. Lerner and Rowe works on a contingency fee basis, meaning you don’t pay if you lose choose our law as your official legal representatives in Merrillville.
Work with Top Legal Representation in Merrillville, Indiana
Lerner and Rowe will help you with your personal injury case on a contingency basis. Our Northwest Indiana injury attorneys will help make sure that you file in the right venue, meet deadlines, and have a fair chance through all aspects of your case. A Merrillville personal injury lawyer will help your case receive a fair settlement amount. Lerner and Rowe is a seasoned personal injury firm that can help your car accident case succeed.
To schedule a free consultation with a Merrillville rideshare personal injury lawyer, call, click, or chat with a Lerner and Rowe client agent 24/7. Our number is 844-977-1900, complete and submit this encrypted online form, or use our convenient online LiveChat feature.