Why Would A Personal Injury Lawyer Deny Taking A Case?
Personal Injury - January 18, 2020
If you or somebody you love has been injured due to the careless or negligent actions of another person, you are likely wondering whether you are able to receive compensation for your losses. One way to secure compensation is through a personal injury lawsuit against the negligent party. Personal injury lawsuits usually require assistance from an attorney who has the resources and experience necessary to negotiate a fair settlement or win your case in a trial. It is not uncommon for a person to speak to multiple lawyers before deciding which one to hire.
Lawyers will also conduct their own assessments of a person’s case and may decline to take it. There are several factors that an attorney will consider when deciding whether or not to take a case.
These factors include:
Financial aspects of the case
An attorney will look at the possible damages that may be awarded in the case. Personal injury attorneys have to be able to recuperate the resources they put into winning a case. Personal injury cases often involve extensive investigations that can be very costly. Attorneys often also pay for expert witnesses to testify. Because attorneys usually take personal injury cases on a contingency fee basis (meaning they are paid based on a percentage of the final settlement or verdict), they may decline a case that is not likely to collect much money.
For attorneys who charge on an hourly basis, they may have to assess whether a client is likely to pay their legal bills. If a client has a poor track record of paying any past legal bills, the attorney may be hesitant to take the case.
A personal injury attorney will assess how long a case is likely to take. An attorney may be busy with other cases and simply not have the time to devote to a new case. Some personal injury cases wrap up fairly quickly, while others can take months or even years to reach a conclusion. All of these time factors must be considered by the attorney.
A lawyer must also consider whether they have the skills necessary to win the case in question. Some attorneys specialize in particular areas of personal injury law but may have limited experience in other areas. For example, an attorney may have vast experience in car accident cases but not much in medical malpractice cases. Each attorney will determine whether they have the skills necessary for each particular case.
A lawyer must make an assessment of each potential plaintiff (the person injured). In personal injury cases, it may be necessary for the plaintiff to testify in front of a jury. If there are negative aspects of a plaintiff, such as serious criminal history, an attorney may decline to take their case. There are also times when a plaintiff pursues a personal injury case every few years, something that can be used against them and diminish their credibility.
An attorney will weigh every aspect of the case, including all evidence involved. If there are issues that make it difficult to prove the facts of the case, the attorney may decline to take the case. There is a big difference between something a person knows to be true and something that can be proven with facts in a court. For example, in a car accident with no witnesses and no surveillance, it may be difficult to prove which driver was at fault. Even if one driver was at fault in the case, proving that may not be easy.