Back in August, '10, I was rear-ended as I sat at a red light while on my motorcycle. The other driver's insurance company paid me for replacement of my "totaled" bike almost immediately. After reviewing the medical bills (approx. $ 8000.) and reports relating to the accident, his insurance adjuster has offered me $ 20,000, which is his maximum liability through his auto policy. I was not insured for under-insured drivers at the time.
I have been left with a dual tear in my rotator cuff as a result of the accident, a permanent temporary loss of use injury. The future economic damages (surgery, phys. therapy, loss of earnings) are approx. $ 22,000, without anything more for "pain and suffering", and so I am reluctant to settle for the amount offered.
I have spoken to between 8 - 10 lawyers, including the Mark Salamones and Jim Sokoloves, NONE of them will take my case, because the maximum liability amount has already been offered. NOT because I don't have a case (each tells me I DO have a case, and an excellent one at that), but because they feel they aren't guaranteed anything in the way of an additional award beyond the $ 20,000.
If it comes to this, am I able to represent myself in filing a Complaint in Superior Court? Is there a possibility that I might botch the case by not following procedure? Does the Judge frown on plaintiffs who come to Court without representation? (btw, if there are any lawyers reading this who WOULD take my case, plz let me know !).
Thanking you for your help.
Representing yourself in superior court
On the larger issue, whether you should settle or pursue your claim, I will have to defer to the attorneys who actually reviewed your case and your dealings with the insurance company.
Superior Court, unlike small claims court, is not particularly friendly to pro se litigants (those who represent themselves). I don't think it would be a question of the judge being unkind or treating you unfairly: She will simply treat you the same way she treats the insurance company attorney. So, unless you are able to familiarize yourself with the rules of procedure and evidence, there is certainly a very good chance that you will not be able to present your case in the best possible light. I cannot recommend representing yourself in this matter. Sorry.