Do I Need a Lawyer? Injury Claim Checklist
Check every factor that applies to your claim. The result is a rough, educational read on how complex your case actually is — not a verdict on whether you'll win, or how much it's worth.
How this checklist is weighted
Factors are weighted, not just counted — a disputed government claim or a recommended surgery moves the result more than a single lower-weight factor, since those specific issues are the ones most likely to end badly without representation regardless of how simple everything else about the claim is.
Two things belong in every case regardless of the result above: confirm your filing deadline and, if shared fault has come up at all, check what your state's rule actually does to your recovery with the comparative fault calculator. Both are free and take less time than this checklist did.
Frequently Asked Questions
Is this checklist a substitute for talking to an attorney?
No. It is a rough, educational framework for deciding whether a consultation is worth your time — many personal injury attorneys offer free initial consultations specifically so you can get a real answer without committing to anything. Even a "handle it yourself" result below is worth a second opinion if anything about your case feels uncertain.
What if none of these factors apply to me?
A claim with none of these factors — clear liability, a minor injury with a full recovery, a single insurance policy, no government involvement — is often reasonable to negotiate yourself, particularly for a smaller claim where an attorney's contingency fee would consume a large share of a modest recovery. It is still worth a free consultation if you're unsure.
Does having a lawyer actually get me more money?
Frequently yes, even after the contingency fee, because attorneys have negotiating leverage, knowledge of case values, and — critically — the credible ability to file suit, which most individual claimants lack. This is not universal and depends heavily on the specific claim, which is exactly why the factors above (not a blanket rule) are what actually matters.
Why do government claims weigh so heavily on this checklist?
Because the consequence of getting it wrong is total and often irreversible: missing a government notice deadline — sometimes as short as 30 to 90 days — bars the claim completely, even when the general statute of limitations would have given years. See our statute of limitations guide for how much shorter these deadlines are.