Can I File My Claim Myself?

Lipcon, Margulies, Alsina & Winkleman, P.A

Victims injured through negligence or wrongdoing should be entitled to compensation for losses. When injuries are fatal, wrongful death compensation should be available.

Many people who sustain injury or who lose a loved one know they have a right to make an injury claim. Unfortunately, they may not know exactly how to go about doing so. After you or someone you love gets hurt, you may be tempted to try to make a claim on your own. This is rarely a good idea. Instead of trying to pursue a claim on your own, you should consult with an experienced catastrophic injury lawyer who can assist you.

Are You Allowed to Make an Injury Claim on Your Own?

Nothing can prevent you from making a claim on your own after you get hurt in an accident or after a loved one is killed. You can pursue a work injury claim without legal help if you get hurt on the job, or you could pursue an injury claim on your own after any type of accident, whether you get hurt on a cruise ship or injured in a car crash or harmed by a defective product.

You can negotiate on your own with an insurer or with the person or company who hurt you to try to reach agreement for compensation. You also can file a civil claim to try to obtain the money you need to cover the cost of your injuries.

If you do file a claim in court, however, you will need to follow all of the rules, including making your case within the statute of limitations and filing the claim in the proper court with jurisdiction over your case.

Should You Make an Injury Claim Without a Catastrophic Injury Lawyer?

Just because you are allowed to make an injury claim on your own does not mean that this is something you should do. There are a lot of reasons why it is not in your best interest to try to pursue compensation on your own after an injury. For example:

  • You could make the wrong type of claim. An injured seaman, for example, can often get broader compensation from a Jones Act claim than he would be entitled to under other laws, including standard workers’ compensation law.
  • You could accept less compensation than you deserve. You may be pressured to agree to a settlement that does not provide you with full compensation. It’s possible you will accept less than you deserve because you do not know all of the damages you are entitled to under the law.
  • You could be unable to prove your claim. Specific legal requirements regarding what you have to prove to be compensated must be met. If you fail to make your case, you could end up uncompensated.

You do not want to take a chance of not getting compensation for your injuries. Don’t make the mistake of trying to file a claim on your own. Instead, talk with Lipcon, Margulies, Alsina & Winkleman, P.A. to find out how a catastrophic injury lawyer can assist you.