Representing Yourself in an Alabama Personal Injury Case

Nov 29, 2024 - Personal Injury by Cross & Smith

What if you’ve been injured in a truck accident, car accident, swimming pool injury, or some other accident that was caused by the negligence of another? Can you represent yourself in Alabama? The short answer is yes, but most people with experience in the law don’t recommend it. Nearly all attorneys who represent harmed individuals in an Alabama personal injury case work on a contingency fee, which means you won’t owe them any fees unless you win your case.

However, there are very limited situations in which it might make sense to represent yourself. When you represent yourself in court, you are called a “pro se” or “self-represented” litigant. “Pro se” is a Latin phrase that means “for yourself” or “on one’s own behalf.” 

Representing yourself in a personal injury claim means you can take action to file, manage, and direct your lawsuit on your own behalf. Filing without an attorney can be risky because it means you forego the opportunity to have the assistance and guidance of a lawyer.

What Is Involved In An Alabama Personal Injury Lawsuit?

Not every injury you suffer allows you to file a claim. You might have a claim for personal injury if you were injured in one of the following ways:

• Your injury occurred because of a design or manufacturing flaw of a consumer product. 
• You slipped and fell on someone’s negligently maintained property and broke your ankle. 
• You were harmed by a reckless driver in a car accident. 

The elements of a personal injury case in Alabama are the following:

• You were owed a duty of care by another party;
• The party breached that duty of care;
• The breach of duty was the proximate cause of your injuries, and
• Your injuries are compensable. 

If you can prove these elements, you will prevail in a personal injury lawsuit.

So, now that you understand the basic framework of a personal injury case, let’s evaluate whether it makes sense for you to represent yourself in your case.

Should You Represent Yourself In Your Alabama Personal Injury Lawsuit?

Legally, you can represent yourself in most situations in Alabama. Many people consider representing themselves because of the money involved in hiring a lawyer. However, there are serious downsides to self-representation. 

A major risk of self-representation is that you may not understand the damages to which you are entitled. Typically, your economic damages include medical costs, rehabilitation costs, pharmaceutical costs, and similar types of costs and expenses. These are probably readily apparent to you. But there are other out-of-pocket costs you may incur in the future, such as future medical expenses or a reduction in your earning capacity. If you fail to assert these economic damages, then you won’t be awarded them. Similarly, your non-economic damages include compensation for intangible things such as pain and suffering and emotional distress. Here again, it is important to have an experienced Tuscaloosa personal injury attorney help you try to quantify these damages so that you get the maximum recovery possible.

Another major risk of self-representation is trying to work effectively with the insurance companies that are involved in the matter.  There are many laws and regulations that govern how insurance claims are handled. Understanding these laws and regulations is crucial to obtaining a fair settlement. Most insurance companies do everything they can to avoid paying out. That means that when it comes to your settlement, they may offer you only a fraction of what you are actually entitled to. You never know what health problems could show up in the future as a result of your injury, so if you accept a lower settlement, the treatments you’ll need for those won’t be covered.

If You Do Decide To Represent Yourself

If you decide to represent yourself, here are some important tips to remember:

• Conduct research to learn about what law applies to your case. Personal injury law can be complicated, particularly if you are suing for a defective product or a wrongful death case. 
• Learn about the options that would help you resolve your matter without having to go to court. For example, you can try alternative dispute resolution like mediation or arbitration. 
• There are many deadlines in all court cases, including personal injury law. Keep track of all deadlines, especially those for filing papers and serving the other side. If you miss these deadlines, you may lose your case.
• Go to the courtroom where your hearing will be and watch some cases. Pay attention to how the attorneys argue their cases, their demeanor and their dress. 
• Be prepared for your court hearing. Have copies of all the papers you filed, all the papers the other side served you with, and anything you have not served on the other side but want to use in court.
• Act professionally in court. Explain your side briefly and clearly. Do not talk about issues that do not support your case.
• Be realistic about what the judge can and cannot do. Make sure you understand what legal relief you can get in your case and focus on that.
• Show respect for the judge, the court clerks, and other people in the courtroom. Do not interrupt the judge or the other side. Do not make personal attacks against the other side.

Contact a Tuscaloosa Personal Injury Attorney Today

Without a good grasp of all pertinent legal principles, you may make mistakes that could harm your personal injury case if you decide to represent yourself.  A personal injury lawyer has the legal knowledge and experience to help you navigate the legal system and ensure that you get justice.

In most cases, it makes sense to contact a Tuscaloosa personal injury attorney before deciding to represent yourself. Here at Cross & Smith, LLC, we can provide you with empathetic, experienced, and trustworthy representation to get you the maximum financial compensation that you deserve. Contact our offices today for a free consultation.