Quick answer: You may be able to handle a small, clear-cut claim yourself, by negotiating with the insurer or, for low amounts, using small claims court. Think seriously about a lawyer if the injuries are serious, fault is disputed, treatment is ongoing, or the claim involves large bills, liens, a government defendant or a health care provider. Many personal injury lawyers work on contingency, so the fee comes out of what you recover.
On this page:
- When handling it yourself can work
- Small claims court
- When a lawyer usually makes sense
- What a lawyer costs
- A checklist to decide
- Next steps
When handling it yourself can work
Proceeding without a lawyer is called proceeding pro se, and a small, simple claim is where it is most realistic: the injuries were minor and have healed, it is clear who was at fault, your losses are documented, and the insurer's offer covers all of them. The Texas Department of Insurance notes that after an accident caused by another driver, the other driver's insurance company will offer you a settlement to cover your medical bills and ask you to sign a release, so check that the offer covers everything and not only the bills. The path is in how a personal injury claim works, and the Settlement Value Calculator gives a range to compare with the offer.
Small claims court
For low amounts, some states have a simplified court. Two official examples show how different the rules are:
- Texas. If the claim is for less than $20,000, you can use Justice Court, a special court that handles small-claims disputes. You do not need an attorney, but you pay the filing fee and other costs in advance, and you can get that money back if you win.
- California. Generally you can sue for up to $12,500 in small claims court. You can ask a lawyer for advice before you go to court, but you cannot have one with you in court, and if you start the case you cannot appeal if you lose.
Limits and rules differ by state, so check yours before relying on this route for an injury claim.
When a lawyer usually makes sense
- Serious or lasting injuries. The claim is larger and harder to value; see what damages you can recover.
- Ongoing treatment. The Texas regulator advises talking to your doctor about future treatment before signing a release, because the release promises no more claims for the accident.
- Disputed fault. Your percentage of blame can reduce or bar your recovery; see what happens if you are partially at fault.
- Large bills or liens. Federal law, for example, lets Medicare recover payments it made conditionally, and these claims come out of your recovery; see what a medical lien is.
- Special legal steps. A claim against the United States must first be presented to the appropriate federal agency, and a health care liability claim in Texas requires written notice at least 60 days before filing suit. Missing a step like these can cost you the claim.
- A deadline is close. Check yours with the Statute of Limitations Calculator.
What a lawyer costs
Most personal injury lawyers are paid on contingency. The Legal Information Institute explains that a lawyer working on contingency receives a percentage of the client's monetary award rather than an hourly rate, and that the typical fee in personal injury cases is around 33%. Costs are separate. We explain the details in what a personal injury attorney's contingency fee is, and the Attorney Fee Calculator shows what you would keep in your state, so you can compare an offer you could negotiate alone with what a lawyer might change.
A checklist to decide
- Are the injuries minor and fully healed, with future treatment known?
- Is it clear who was at fault, and by how much?
- Does the offer cover all your documented losses, not just the medical bills?
- Are there liens or reimbursement claims, or a government or health care defendant?
- Is your filing deadline comfortably far away?
If you can answer yes to all of them, handling the claim yourself may be reasonable. Several no answers are a good reason to talk to a lawyer before you accept anything.
Next steps
Whatever you decide, read what to check before you answer a settlement offer. The personal injury calculators cover every state, and our methodology page explains how each figure is verified. For advice on your own case, talk to a licensed attorney in your state.