In theory, a plaintiff can represent themselves (go pro se) in their personal injury going to trial; however, depending on the case and legal experience of the plaintiff, this more often than not is a bad idea. Save for instances where an individual has sufficient legal experience, graduated from law school, or already is a practicing lawyer, going pro se becomes a frustrating and complicated process. The courts and tort law case have specific procedural processes in place, which a plaintiff must adhere to, often frustrating his or her attempts to plead their case. The plaintiff has the burden of proof, meaning he or she must prove their case against a defendant to the courts in a legally viable manner, all while fending off any counter claims or defenses raised by the defendant. Furthermore, a defendant in a given personal injury case is also likely to have legal counsel, which only further hinders the ability of a pro se litigant to present a viable case.
Ultimately, individuals have the legal right in most cases to represent themselves. However, whether this is a viable decision, depends on a number of case-specific factors. In general, if the defendant has more at stake than paying a parking ticket or something else relatively minor, investing in legal counsel is often advisable. This is especially true in personal injury cases, whose outcome may result in thousands of dollars in compensation being paid out to the rightfully owed plaintiff. In practice, attempting to negotiate an early settlement on one’s own can work out favorably, but once cases proceed to trial, having legal counsel becomes significantly more important. If costs are a consideration, as they often are for individuals wishing to represent themselves, keep in mind that many personal injury cases are handled on a contingency basis. For more information and insight into your case, even if it is to just gather more information about your attempts represent yourself at trial, consult with a personal injury lawyer about your options.
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