Many State and Federal courts are seeing an increasing amount of personal injury claims filed by pro se litigants. This refers to people who choose not to use an attorney when making a personal injury claim. The National Center on State Courts reports about 67% of all cases in California being filed without a solicitor, 73% in Florida, and 70% in Wisconsin. In Federal court, about 26% of actions are filed without a lawyer. But this upsurge in self-representation begs the question: Is it sensible to show up without a solicitor? We will be the first to admit we are a little biased in this matter, but for the sake of argument, here is why a solicitor can be of assistance when making a personal injury claim.
You can’t possibly know as much about personal injury law as your attorney. If you did, you would be a personal injury attorney yourself. Seemingly clear cut cases aren’t always so simple. Let’s take the case of a distracted driving accident: Motorist x hits a pedestrian while talking on their cell phone. Pro se litigant Y would certainly be able to get their medical bills paid by going to court on their own, but they would be unlikely to get punitive damages (special fines assessed as a punishment.) It would take an attorney to prove cognitive as well as visual distraction, and persuade the judge and jury to assess the maximum damages allowed under the law.
Successful jury selection takes years of training and practice. An often ignored part of winning a case is selecting the jury. You are highly restricted in the types of questions you can ask them, and properly forming your jury questionnaire is like writing a survey: It requires solid knowledge of demographic and psychographic tendencies, using statistics for interpretation. There is also a wisdom that only comes with experience. As most solicitors admit, their first few jury selections were disastrous. Do you really want inexperience driving down the value of your claim?
Even if you have a solid case, the other side will beat you because of superior cross-examination. You might think you’re good in an argument. You might think if you just “hold fast to your guns,” and “say the truth,” that anyone with half a brain will see you’re right. But court doesn’t work that way. Whoever has the most sophisticated and cunning cross-examination strategy wins the day; In ninety percent of all cases. And just because you came in without a solicitor, don’t expect the other side to do the same. Many naive self-defendants have crumbled under the examination of a skilled, legal professional. It’s what solicitors are trained to do.
You won’t know how to question the witnesses. You can’t ask a witness whatever you want. You have to be able to first prove the witness is relevant, and then you must “lead the witness” to support your conclusions in the appropriate manner. If you have not spent time practicing this in a live court room, you are very likely to ask improper questions, which can ruin your case and lower the amount of your settlement.
Further reading – Injury Solicitors