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Are you wondering if it’s possible to represent yourself in your upcoming personal injury case?
The short answer is, yes, it is.
According to 28 U.S.C. § 1654, all parties in any United States court “may plead and conduct their own cases personally or by counsel.” The act of self-representation is called pro se. However, there are pros and cons to be considered when choosing to represent yourself in any court case. In this article, the knowledgeable New Jersey personal injury attorneys at Nagel Rice LLP will help you weigh your options for self-representation for your personal injury case.
Understanding Pro Se Representation
Representing yourself in court requires more than just showing up to defend yourself. It requires having more than an average grasp of the law to do so. While it may seem very expensive to go through the legal process using an attorney, you must understand the basics of pro se representation. The United States District Court of New Jersey put together a guide for pro se litigants, which will walk you through the process of self-representation. Some instances where pro se representation might be considered are:
- Small claims cases
- Clear liability can be established
- Simple cases
It is also important to understand that you do not have to do this alone. While keeping costs down may be your number one priority, there are many aspects of the law that an experienced personal injury attorney is trained to help you get a better outcome for your case.
Notable Cases of Pro Se Representation
Pro se representation is not new to the judicial system. Some notable cases highlighting pro se representation include:
- Haines v. Kerner (1972) – Haines, a prisoner, filed a pro se lawsuit against prison officials for allegedly violating his constitutional rights. As a result, he was beaten, denied medical treatment, and placed in solitary confinement. The Court decided that if his allegations could be proven, he should have been given the opportunity to proceed with his case. The case was remanded for further proceedings.
- Faretta v. California (1975) – Faretta was charged with grand theft and chose to represent himself. Initially, it was granted but then upon further investigation, the judge ruled that he was not capable of defending himself and appointed a public defender to his case.
- Erickson v. Pardus (2007) – Erickson, a prisoner, filed a pro se lawsuit against prison officials stating they violated his Eighth and Fourteenth Amendments. The Court reversed the lower court’s dismissal of his pro se complaint and the case was remanded for further proceedings.
It is your legal right to request self-representation. However, like the cases above, pro se cases often lack the legal expertise and resources a qualified attorney can provide.
The Pros and Cons of Pro Se Representation
The main benefit of pro se representation is the probability of saving money. Unfortunately, the limitations far outweigh the benefits based on the following:
- Inability to understand legal procedures – Filing a case for personal injury requires several rules and legal proceedings. For example, an understanding of the statute of limitations for New Jersey is crucial, as you have two years from the date of the injury to file a claim. As a pro se litigant, you must understand and meticulously follow these procedures, which can be a rather daunting task given your lack of legal training.
- You are held to the same standards as an attorney – In the eyes of the Court, when representing yourself, you are held to the same standards as an attorney. This means you may jeopardize your case by saying the wrong thing because you misunderstood the legal procedures.
- Inadequate claim negotiation – An attorney is skilled in negotiating compensation for your personal injury claim. You are not. Since you are unable to accept a plea deal without an attorney, you may be stuck with the short end of the stick with the outcome decided.
- Lack of resources – A trained attorney will gather evidence, and witnesses and put together a strong case on your behalf. Based on the extent of your injuries, you may not be able to gather these resources on your own, leaving you with the inability to effectively represent yourself.
It may seem like something you can handle representing yourself, but you should weigh the pros and cons before making such a decision that could impact the rest of your life.
Some Practical Tips for Pro Se Litigants
You may feel that you are capable of handling your case on your own. Some tips for considering this option are:
- Conduct your research: Proper research and preparation cannot be understated. Resources are available through the New Jersey Courts self-help center.
- Document your case: Keep detailed records of your injury, any medical treatment, correspondences with the defendant and insurance companies, and any other critical piece of information that can help you present a stronger case.
- Presenting evidence in court – You are filing a personal injury claim. Evidence is vital in this case. You should be knowledgeable of what constitutes as admissible evidence and the method by which you should present this in court.
If these seem too daunting, you can always opt for the professional guidance of a trained personal injury attorney.
Seek the Help You Need for Proper Representation in Your Personal Injury Case
Your desire to represent yourself in court is understandable. However, you should assess your case honestly and look at the implications that come with you facing the court and the possibility of not getting the compensation you deserve. Not hiring an experienced attorney may cost more financially down the line, as compared to hiring one. If you are still considering whether pro se is your best option, seek legal guidance before doing so. Contact us today for a qualified consultation.