Partner
After an accident, it’s natural to want closure, and that often includes getting compensation as quickly as possible. If you’ve been injured due to someone else’s negligence, you might be wondering: Can I just handle the claim myself and avoid hiring a lawyer? While the idea of settling your own personal injury claim may seem like a way to save time and money, it’s important to understand the risks before going down that path.
Scott Scherr at The Payne Law Group regularly meets with clients in Bryan, College Station, and throughout Brazos County who come to us after realizing that managing a claim alone can be more complicated—and costly—than they expected.
What Does “Settling a Claim Yourself” Mean?
When you attempt to settle your own personal injury claim, you’re taking on every aspect of the process, including:
- Gathering evidence and documentation
- Calculating your damages (both economic and non-economic)
- Communicating with the insurance adjuster
- Negotiating a fair settlement
- Understanding and meeting legal deadlines
- Possibly preparing for litigation if negotiations fail
Without legal experience, you’ll be up against insurance companies whose job is to pay you as little as possible. That alone should give you pause.
When Might Handling It Yourself Make Sense?
There are some situations where it might be reasonable to handle a claim on your own:
- You suffered only minor injuries (e.g., bruises, sprains)
- Your medical costs are low, and you recovered quickly
- The insurance company is offering a reasonable payout
- There is no dispute about who was at fault
Even in these scenarios, it’s still a good idea to consult a personal injury attorney before signing anything. Many law firms offer free consultations, so you risk nothing by getting advice.
The Dangers of Settling Without Legal Help
For more serious cases, trying to manage a claim on your own can be a costly mistake. Here are the biggest risks:
Undervaluing Your Claim
Many people don’t fully understand the types of compensation they’re entitled to. In Texas, personal injury damages can include:
- Medical bills (past and future)
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Insurance companies are trained to minimize these values. If you don’t know what your case is truly worth, you’ll likely settle for far less than you deserve.
Missing Key Evidence
To build a strong case, you need solid documentation. This includes medical records, accident reports, witness statements, and possibly expert opinions. Without legal guidance, you might miss crucial evidence that could have strengthened your claim.
Saying the Wrong Thing
Insurance adjusters may seem friendly, but they’re trained to ask questions that could hurt your case. A simple statement like “I feel fine now” could be used to downplay your injuries, even if complications develop later.
Waiving Your Rights
Once you accept a settlement and sign a release, you typically cannot go back and ask for more money, even if new injuries surface or your condition worsens. A personal injury attorney will ensure you don’t settle too soon or for too little.
Overlooking Legal Deadlines
Texas law generally gives you two years from the date of injury to file a personal injury lawsuit. However, there are exceptions and nuances depending on the type of case. If you miss a deadline, your right to recover damages may be lost forever.
Why Insurance Companies Prefer You Settle Without a Lawyer
Insurance companies love it when claimants try to handle things on their own. Why? Because:
- They don’t have to worry about legal pressure or the threat of a lawsuit
- They can offer lowball settlements that unrepresented claimants might accept
- They can delay, deny, or dispute your claim more easily
Multiple studies have shown that injury victims who hire a lawyer tend to recover significantly more compensation, even after legal fees, than those who go it alone.
Consult Attorney Scott Scherr Before You Settle
Trying to handle your own personal injury claim might seem appealing at first, but for anything more than a minor injury, the risks usually outweigh the rewards. Insurance companies have adjusters and attorneys working to protect their interests—you deserve the same.
Consult attorney Scott Scherr at The Payne Law Group before agreeing to any settlement or signing away your rights. We help clients in College Station, Bryan, and surrounding areas in Brazos County get the full compensation they’re entitled to under Texas law. We’ll review your claim for free and let you know whether you’re being treated fairly.