It is possible that you won’t be able to find a personal injury lawyer who is prepared to take your case, even though you believe you have a strong or legitimate case. However, there are various reasons why a lawyer might not accept your case, and if you have ever asked yourself what those reasons are, the following will be useful.
The Cause of the Accident
A personal injury attorney is going to want to know exactly how and why the injury occurred before they even think about taking your case. A lawyer will need to be convinced that an error or action by another party caused the injury, and only then can that person be said to be financially accountable.
Your injuries may well be serious, or the accident may have taken place in a work site although these two factors on their own aren’t enough.
Personal injury law sometimes has to look at all the factors that might play a part in a case. If another driver hit your car when you failed to yield to oncoming traffic, it can be more difficult than you might think to decide who is at fault.
The extent of your fault in any injury or accident will determine the amount of any monetary settlement that you might be awarded, and that is something that most personal injury lawyers will look at when deciding whether to take a case. Your contribution or fault will need to be under 51 percent, and the other person will need to be clearly at fault for most attorneys to take your case.
In some states, such as Arizona, government departments and school districts have immunity, and this is another reason why many personal injury attorneys may decline a case.
The overall chances of winning the case and how easy it will be to verify legal responsibility are two major concerns of most personal injury lawyers.
Injuries that Aren’t Serious Enough
Another important factor for an attorney when it comes to whether to accept a case or not is the potential amount of damages expected which is directly related to how serious the injury is. If you tell your attorney that they should take the case as a matter of principle, it may make them wary of doing so, and if you tell them that you could have been killed in the accident, they may simply feel you are exaggerating.
The bottom line is that an attorney probably isn’t going to take your case if you have only minor injuries, as the anticipated compensation will be minimal. In most personal injury cases, how badly you have been hurt is the most important and significant factor.
And an attorney isn’t likely to take your case if the cost of the expected depositions is higher than the expected return on the case. This cost of developing the testimony to win the case also has to be factored into any decision.
You May Have Talked To Too Many Other Lawyers
Choosing a reliable and experienced attorney to handle your personal injury case is obviously important; working with an attorney with experience in that specific area is preferable.
However, if you place too much importance on the potential value of any settlement in your case, and are trying to choose a personal injury lawyer based on that alone, your case may be turned down.
Always be careful of placing a value on the claim after you have only had an initial consultation, as it is just about impossible for an attorney to place a value on the case without having all the facts.
And any attorney you are talking to may well be reluctant to accept your case if another personal injury law firm has dropped your case or didn’t want to work with you.
The Economics of Pursuing the Case
All personal injury lawyers have to make a sensible business based decision based on the fact that they accept cases by a contingency fee.
Of course, the anticipated fee for the attorney is an important factor when deciding to take a case, but they also need to consider whether the money and time spent on that case are justified.
As a client, you will need to pay your case expenses upfront, and you should also keep in mind that your attorney is paid by the hour.
If you have a personal injury case that involves large hospital bills and your injuries are substantial, the attorney may also be reluctant to take the case. The first money paid in a case like this will go to the hospital if the client doesn’t have enough insurance to cover the hospital fees.
It’s worth remembering that any personal injury lawyer has to be business and profit-oriented, and although they may be sympathetic to your case or situation, they have to look at whether it’s financially worth their while. The chances of a successful outcome, the extent of the injuries and the amount of money and time they will need to expend if they take your case are all factors that come into play.
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