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Learn 4 Reasons That Might Make A Personal Injury Refuse To Take Your Case

People often wonder why an attorney might not take their case. The purpose of this article is to provide a short overview of this subject. Once someone gets injured, they might feel like they personally have a good case, but they can't find a lawyer to take it on. If you are looking to understand this better, keep reading to learn reasons why an attorney might not take a personal injury case.


Just How An Accident Happened

One of the primary and initial considerations any personal injury attorney will make is how an accident actually occurred. To truly hold a party accountable financially, then they had to be in breach of a legal duty. In short, they did something wrong which caused or contributed to the injury.

It's simply not enough that an injury happened on someone's premises or that your injuries are serious or severe.

Consider one example, where a car accident happened. If you were supposed to yield right of way to another driver, but they impacted your vehicle, then the determination of who is actually at fault is going to be often decided by a judge or a jury.

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If your personal injury claim is going to prove viable, then you need to be able to actually prove another party is at fault. You might even need to prove that your own fault or contribution was less than 51 percent. If a personal injury victim is partly themselves at fault, an attorney might decline a case on the basis that possible monetary award amounts are reduced or even eliminated based on the extension or distribution of fault.

Government immunity and other legal protections at federal, state, and municipal levels are also reasons why some attorneys decline personal injury cases against government entities like school districts.

In the end, any worthy personal injury attorney is going to do a robust analysis of legal responsibility, whether it can be established and proven, and the likelihood or probability of case success.

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Your Injury Isn't Serious Enough

Attorneys lose count of how many times they hear "I might have died." Unfortunately, that's not an element to legal damages in most states.

There's another saying that is often a red flag to lawyers, and that's "it's the principle of the thing." In most cases, that sort of claim doesn't butter a lawyer's bread.

A personal injury lawyer is looking for potential damages as the barometer of their anticipated recovery if they handle a case. You're not going to get an attorney based on speculative damages.

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In a case of personal injury, the most essential factor in the case is just how badly you were hurt. Attorneys might pass on cases with only minor injuries, just given that any anticipated monetary compensation is going to be minimal.

On top of all that, any attorney analyzing your case consider the cost of the development of the testimony that would used to prove your injuries. If the total costs of the necessary depositions surpasses what return is expected on the case, then an attorney is likely to decline the chance of losing money.

 

You Seem Like You've Already Talked To A Lot Of Other Attorneys

We do believe that it's critical for a personal injury victim to pick the right lawyer for their own case. Part of that is being sure that the attorney in question has expertise in the specific subject area of the associated accident, as well as ensuring they're a great personal or individual fit.

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Having said all that, a lot of cases get turned down simply due to the impression the prospective client is giving off, particularly if they seem to be looking to pick a lawyer based on feedback they get regarding the case value.

It's next to impossible for any attorney to give any client a case value before he or she knows all the information about the case, including any insurance coverage available to the defendant. Victims of personal injury need to be very cautious about any lawyer or attorney that puts a value on any claim after just one consultation.

Also, if you have already been 'dropped' or 'released' by another law firm, then other attorneys are going to be wary of your case for either liability concerns or unreasonable expectations


Pursuing A Case Is Its Own Economic Reality

Personal injury attorneys typically take their cases on what is called a contingency fee basis. This means that the lawyer in question must make a business decision about every case they decide to take on.

Several things factor into that decision, like the out-of-pocket costs an attorney faces in developing a case, the expected fee if they win, and how much time is expected to be spent on that case.

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Attorneys have to consider if the time and money that would be required are going to prove 'worth' it in order for them to handle the case. Attorneys with more experience and success under their belt are going to have much higher standards than others.

As an illuminating contrast, consider that defense attorneys get an hourly rate for any minute they spend on any matter. Clients have to pay case expenses upfront, and defense attorneys get paid without regard to winning or losing.

 

There's another situation that proves complicated, and that's when a personal injury victim has serious injuries, as well has tremendous hospital obligations for their treatment. That comes into play when any available insurance isn't enough to cover all the damage and bills. That usually means that the hospital is in line to receive the initial money from any case or settlement. The attorney fees would come after that, if anything is left.

To be brief, attorneys that handle personal injury cases on a basis of contingency fee have to be business-minded. As such, they either accept or decline a case based on their considerations of the time and money likely to be expended in moving a case forward ahead has to be balanced against any fee they might expect to receive upon successful resolution versus the risks the case presents.

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