Hiring a lawyer
- Handles evidence, deadlines and negotiation
- Can value future losses you might miss
- Fee usually comes out of your compensation
- Can file suit and take the case to trial
Hiring a lawyer
Lawyer vs handling your own claim
You don't need a lawyer for every accident claim. The more serious your injury or the more the insurer argues, the more a lawyer tends to be worth the fee.
The short answer
Handling your own claim can make sense for minor injuries that have fully healed, clear fault and modest, well-documented losses. Get a lawyer if you have a serious or lasting injury, fault is disputed, the insurer denies or stalls, more than one party is involved, or a deadline is near. Most injury lawyers offer a free first consultation, so you can get an opinion before deciding.
At a glance
Handling it yourself
- You keep the whole settlement
- Reasonable for small, simple, well-documented claims
- You do all the paperwork and negotiating
- You must learn the deadlines and rules yourself
| What differs | Hiring a lawyer | Handling it yourself |
|---|---|---|
| Best suited to | Serious injury, disputed fault, several parties | Minor injury, clear fault, quick recovery |
| Your time | The lawyer's team does most of the work | You gather records and handle every call |
| Cost | Contingency or no-win no-fee, usually a share of the award | No legal fee, though you may pay for records or reports |
| Valuation | Experience of what similar claims settle for | You rely on your own research and the insurer's offer |
| If it goes to court | Your lawyer files and runs the case | You must follow court rules yourself |
When doing it yourself is realistic
If you had a minor injury, recovered within weeks, and the other driver's insurer has accepted fault, you may be able to settle directly. Keep every bill and receipt, get your medical records, work out lost pay from your payslips, and send a clear written demand. In England and Wales, the Official Injury Claim portal was built so people can make lower-value road traffic injury claims without a solicitor.
Even then, be careful with recorded statements, don't sign a medical authorisation that gives unlimited access to your history, and don't accept an offer until you have finished treatment.
When a lawyer usually earns the fee
- You have fractures, surgery, a head injury, or symptoms still going after a few months.
- You've lost significant income or may not return to the same work.
- The insurer disputes fault or says you were partly to blame.
- A commercial vehicle, employer, government body or several drivers are involved.
- Your losses may exceed the other side's policy limits.
- Your limitation deadline is less than a few months away.
How fees work
In the US, most injury lawyers work on a contingency fee, commonly around a third of the recovery, sometimes more if the case goes to trial, plus case costs. In England and Wales, most claims run on a conditional fee (no win, no fee) agreement. The success fee taken from your damages in personal injury cases is capped at 25% of your damages, excluding future losses. In Canada, contingency fees are common and regulated by each province. Always ask for the fee in writing and work out what you'd actually receive.
Example
After a low-speed shunt, a driver handles his own claim for two weeks of neck stiffness and settles it himself. His passenger, whose shoulder pain turns out to be a torn rotator cuff needing surgery, hires a lawyer who brings in a specialist report on future work limits. Same crash, very different claims.
Common questions
Is it worth getting a lawyer for a minor car accident?
Often not, if the injury was minor, you've recovered and fault is accepted. A free consultation can confirm that. If the insurer disputes fault or your symptoms linger, it's worth getting advice.
How much does a personal injury lawyer cost?
In the US, usually a contingency fee of around a third of what you recover, with nothing if you lose. In England and Wales, no-win no-fee success fees are capped at 25% of your damages, excluding future losses. Canadian fees vary by province and agreement.
Can I hire a lawyer after I've started the claim myself?
Yes. Many people do once an offer seems low or the insurer starts disputing things. Hire one before you accept any offer or sign a release, because that usually ends the claim.
Do insurers offer less to people without a lawyer?
There's no fixed rule, but an unrepresented claimant is less likely to know what future losses to include or what a court might award. A lawyer can also credibly threaten a lawsuit, which often changes the numbers.
Last reviewed September 2026. General information, not legal advice.