After an accident, many people ask:
“Can I file a personal injury claim without a lawyer?”
The short answer is yes — but whether you should is a very different question.
While New York law allows individuals to file personal injury claims on their own, doing so often puts accident victims at a serious disadvantage, especially when dealing with insurance companies, medical evidence, and legal deadlines.
At Redmond Law Firm PLLC, we regularly help clients who initially tried to handle claims themselves and later discovered how costly that decision can be.
Is It Legal to File a Personal Injury Claim Without a Lawyer?
Yes. You are legally allowed to:
- File an insurance claim on your own
- Negotiate directly with an insurance adjuster
- File a lawsuit without legal representation
However, insurance companies are highly experienced in handling unrepresented claimants — and they know how to minimize payouts.
- New York State Unified Court System – Civil Cases: https://nycourts.gov
When Filing Without a Lawyer Might Be Possible
Handling a claim without a lawyer may be reasonable only if:
- Injuries are very minor
- Medical treatment is limited and complete
- Fault is clear and undisputed
- No long-term symptoms exist
- Insurance coverage is straightforward
Even then, settlements are often significantly lower than what represented clients recover.
The Risks of Filing a Personal Injury Claim Without a Lawyer
1. Insurance Companies Control the Process
Insurance adjusters are trained to:
- Get recorded statements that reduce claim value
- Shift partial blame onto you
- Delay claims to pressure low settlements
- Close cases before full injuries are known
Once you accept a settlement, you usually cannot reopen the claim.
- New York Department of Financial Services – Insurance Consumer Rights: https://www.dfs.ny.gov
2. You May Undervalue Your Claim
Without legal guidance, many claimants fail to include compensation for:
- Future medical treatment
- Lost earning capacity
- Pain and suffering
- Emotional distress
Insurance companies will not calculate these damages for you — and they rarely volunteer fair numbers.
3. Missed Deadlines Can End Your Case
New York has strict statutes of limitations for personal injury lawsuits. Missing a deadline can permanently bar your claim.
- New York CPLR §214 (Statute of Limitations): https://nycourts.gov
4. Evidence Is Harder to Obtain Alone
Accident cases rely on:
- Medical expert opinions
- Witness statements
- Accident reconstruction
- Surveillance or dashcam footage
Lawyers have the resources and authority to preserve and obtain evidence that individuals often cannot.
How a Personal Injury Lawyer Helps
An experienced personal injury lawyer can:
- Handle all communication with insurance companies
- Gather and preserve evidence
- Accurately calculate damages
- Negotiate aggressively for fair settlements
- File lawsuits and represent you in court if needed
Learn more about our
Personal Injury Lawyer Services
Do Lawyers Really Increase Settlement Amounts?
Yes. Multiple studies show that accident victims represented by attorneys recover significantly higher compensation than those who handle claims alone — even after legal fees.
Lawyers understand how insurers evaluate cases and how to apply pressure when negotiations stall.
What If I Already Started a Claim Without a Lawyer?
You can still hire a lawyer at any point before settling or trial.
A personal injury attorney can:
- Review your claim
- Correct mistakes
- Re-evaluate damages
- Take over negotiations
Related reading:
How Long After an Accident Should You Get a Lawyer?
Final Answer: Can I File a Personal Injury Claim Without a Lawyer?
✔ Yes — but it is rarely in your best interest.
If your injuries are more than minor, or if there is any dispute about fault or damages, hiring a lawyer dramatically improves your chances of receiving full and fair compensation.
Speak With a NYC Personal Injury Lawyer Today
If you’re unsure whether you need legal representation, the safest first step is to speak with an experienced attorney.
Contact Redmond Law Firm PLLC for a free consultation.
No upfront fees. No recovery, no fee.