Do I need a lawyer to take someone to small claims?
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Do I need a lawyer to take someone to small claims?
A woman ran a red light and hit the passenger side of my vehicle. My friend, a passenger, got injured. I have another driver who witnessed the accident and was nice enough to stop and give me her info. I took that info, including insurance which is under her and her husband. I have no injuries and took pictures of both cars and friends injuries. When I approached the driver that hit me she stated she
Asked on February 9, 2017 under Accident Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Legally, you do not need an attorney; you are allowed to be your own lawyer ("pro se"). Obviously, an attorney will help: a lawyer knows the procedures, knows the law, knows how to present a case, may well know the judge. A lawyer will increase your odds of winning. But a lawyer will also cost, generally, between $750 and $1,500 in my experience for a case like this, which will obviously reduce what you take home if you win (you have to pay your own legal fees in these types of cases). So are you confident of your ability to learn a few rules of court (small claims court is simplified compared to "regular" court), follow instructions, tell your story well, question the other side and any witnesses--and do that in front of a judge and an audience? If you believe you can do that yourself, then you are better off representing yourself "pro se" in court, to save on legal fees. If you don't feel you can do these things--or just don't want to--then retain an attorney.
If you do choose to represent yourself, you seem to have what you need. Bear in mind that the witnesses must *appear* in court on the trial date--if they won't agree to do so voluntarily, you will need to subpoena them to show up and testify (the clerk of the court can direct you to the forms and instructions to do this). Print out any photos and have color hardcopy--you generally cannot show photos on your phone in court.
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