Can I settle my case on my own without a lawyer?

A: Sure.  Anyone can “settle” a case.  But can you get “fair value” for your case without an attorney?  That is the real question.  If most people could settle claims on their own for fair value, we wouldn't need lawyers. Lawyers are often necessary because there is no exact formula for determining the fair value of any given claim. A lawyer’s job of representing a person's rights can be extremely complex.  In order to do it successfully, I believe takes formal training, trial experience, guts, and some hard-earned intuition. Insurance companies make the most money when they settle claims for far less then what the claims are worth.

If you don't handle claims for a living, how are you to know whether the insurance company's offer is fair and reasonable?
Some insurance companies like to advertise about how quickly they respond to claims. I assume they want you to believe that they are motivated by the goal of putting your life back in order as soon as possible. However, the true benefit to the insurance companies of paying claims quickly is to settle with someone who has yet to hire an attorney.

Insurance companies have a much stronger negotiating position against a non-represented claimant. The unrepresented person is generally not sophisticated in personal injury law, and as a result, has no experience negotiating the value of injuries, and often has no idea what their claim is worth. In the event that a settlement is not reached, the unrepresented person is not in a position to file a lawsuit. Thus, the insurance company has less to fear from the unrepresented claimant.

On the other hand, an experienced trial attorney knows the value of your claim. In addition, they can exert some influence on the insurance company because if the case is not settled, the prospect of a lawsuit is immediate. Not surprisingly, a 2004 study by the Insurance Research Council that showed on average, injury claimants who hired a car accident lawyer received settlements that were three and a half time better than those received by unrepresented claimants.