How Does An Attorney Decide Whether Or Not To Represent You In Your Injury Case?
When you bring your injury case to a personal injury attorney, it is up to the attorney to decide whether or not to take and handle your case. Like any kind of legal case, some cases are good or strong, and some are more difficult.
The factors that an attorney considers when deciding whether or not to take your case will vary from attorney to attorney. But as a general guideline, here are some things that most attorneys will look for, in making the decision whether or not they should take your case.
Liability – How likely is it that the Defendant actually did something wrong? In some cases, this is obvious, such as with a rear end collision. But in other cases, this is more difficult.
That’s not to say an attorney won’t take a difficult case—many of the most difficult cases are the most rewarding, both in compensation and in personal satisfaction. And, many of the most precedent setting cases that have ever been resolved, started off as being very difficult (for example, at one time finding cigarette makers liable for nicotine addiction was a challenge, whereas today it is something that we consider to be common knowledge).
Cost – In your case, your injury attorney will front the costs needed to win your case. That means the attorney must evaluate what it will cost, up front, to prove what is needed to win your case. Experts, depositions, or other costs, are all things that an attorney considers.
Your injuries (and financial damages) – As a general rule, the more injured you are, or the more financial losses you have sustained (such as medical bills or lost wages) the more likely it is that an attorney will take your case. But just like with liability, there are many instances where an attorney may still take your case, even if you aren’t seriously injured.
Don’t forget in many cases you may not even know how injured you are when you visit your attorney, as it may be very early in your treatment.
The Defendant – One big issue will be whether the liable party actually has the ability to pay any judgment or settlement against them. This may also boil down to whether or not there is insurance for the alleged actions of the Defendant.
Remember that every lawyer and law firm is different. A case that one law firm rejects, another may take. Factors that are important to one law firm in deciding whether to take a case, may not be as important to another law firm.
A lawyer’s background, staff, the size of the firm, and other factors will go into whether an attorney agrees to accept a case or not. Many times, victims do get significant compensation with their lawyer, after having had their case rejected by other lawyers in the past.
If your case was rejected by another attorney it may be time for a second opinion. Let us evaluate your personal injury case. Call the West Palm Beach personal injury attorneys at Pike & Lustig today for a free initial evaluation.
Sources:
justia.com/trials-litigation/docs/personal-injury-damages/
alllaw.com/articles/nolo/personal-injury/types-of-compensation.html
