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Ches Crosbie Barristers

Do-It-Yourself Legal Claims Have Pitfalls

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Not every claim needs a lawyer. There are many claims in which the stakes are not so high that the time and expense of hiring a lawyer is justified. While this is true, an immediate pitfall is that a non-legally trained person may not realize whether the claim they have is small or large, simple or complex.

Occasionally, a personal injury claimant may make a settlement which in retrospect, turns out to be improvident – it did not make prudent provision for the problems and the losses that the injuries known at the time of the settlement might realistically lead to.

Even so, a personal injury victim who may have made an improvident settlement may be able to repair the damage.

Four elements signal what is called an unconscionable transaction:

(a)         the transaction is grossly unfair or improvident;

(b)         there is a lack of independent legal advice:

(c)         there is an overwhelming imbalance in the bargaining; and

(d)         one party knowingly takes advantage of the other party’s vulnerability.

Sounds like a complicated job, doesn’t it? If you think that you made a too early or improvident settlement of your automobile or other personal injury claim, then maybe the first lesson is to not repeat the mistake of going it alone again. This time, get advice from a lawyer who knows and has experience in the personal injury field.

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