Small Personal Injury Claims: Do You Need a Lawyer?

Not every personal injury case requires an attorney. Learn when to handle small claims yourself and when legal representation becomes essential for maximum recovery.

Key Decision Point

Generally, if your total damages exceed $10,000 or you have ongoing injuries, hiring a lawyer will likely result in higher net compensation even after fees.

When Do You Need a Lawyer?

Factor	Hire Lawyer	Consider DIY	Why It Matters
Medical Bills	Over $5,000	Under $2,000	Higher medical costs justify attorney fees
Injury Severity	Ongoing treatment needed	Minor cuts, bruises only	Serious injuries have long-term implications
Fault Clarity	Disputed or unclear fault	100% clear other party fault	Complex fault requires legal expertise
Settlement Offer	Lowball or delayed offers	Fair initial offer	Lawyers negotiate better settlements

✅ Good Candidates for DIY Settlement

• Minor injuries (cuts, bruises, minor whiplash)
• Medical bills under $2,000
• Clear fault (rear-end collision, etc.)
• No ongoing treatment needed
• Insurance company is cooperative
• You feel comfortable negotiating
• Simple accident scenario
• Property damage only cases

🚨 You Definitely Need a Lawyer If

• Any permanent injury or scarring
• Medical bills over $5,000
• Fault is disputed or unclear
• Multiple parties involved
• Insurance company denies claim
• Lost significant time from work
• Government entity involved
• Commercial vehicle accident

DIY Settlement Process

Document Everything

Collect accident reports, photos, medical records, and witness statements

Timeline: Immediately after accident

Calculate Damages

Add medical bills, lost wages, and reasonable pain/suffering amount

Timeline: After treatment complete

Send Demand Letter

Formal letter requesting specific settlement amount with evidence

Timeline: 2-4 weeks preparation

Negotiate Settlement

Back-and-forth negotiation with insurance adjuster

Timeline: 2-8 weeks typical

Cost-Benefit Analysis

Example: $3,000 Medical Bills

DIY settlement offer:$8,000

Lawyer settlement:$18,000

After 33% attorney fee:$12,060

Result: $4,060 more with lawyer despite fees

Example: $800 Medical Bills

DIY settlement offer:$2,500

Lawyer settlement:$4,500

After 33% attorney fee:$3,015

Result: DIY saves $515 in this small case

Important Considerations

• Even if you handle the claim yourself, consider a free consultation first
• Insurance companies often offer more to represented claimants
• You can always hire a lawyer if DIY negotiations stall
• Some lawyers will review settlement offers for a flat fee
• Don't sign anything until you understand all terms

Not Sure Which Path Is Right?

Get a free consultation to evaluate your specific case and understand your options.

Free Case Evaluation When to Hire Guide