Most personal injury attorneys offer their services on a contingent basis, meaning they do not collect payment upfront from injured victims. Instead, the contingency fee structure allows them to take on personal injury cases and then collect a percentage of the settlement or verdict at the end of the legal process.
You might be wondering if lawyers take cases they might lose. Personal injury lawyers and their law firms often have lawyer case acceptance criteria and legal case assessment strategies they use at the initial consultation to make this decision.
Tijerina Legal Group is a law firm that provides legal representation for personal injury victims, including car accident cases and other legal matters. In this blog post, we discuss why attorneys in most states won’t take a losing case and how you can determine if your case will be accepted by an attorney.
Reasons Why Personal Injury Attorneys May Not Take a Client’s Case
After being hurt in an accident that another person caused, you’ll want to talk to an experienced attorney. However, many reasons can prevent these experienced professionals from accepting your case.
It’s Too Late to File a Claim Under Personal Injury Law
When you’ve suffered a personal injury, after getting medical treatment, it is always advised that you contact an attorney immediately. The reason for this is because of the statute of limitations. The statute of limitations in the state of Texas is a time limit that specifies you must file your case within two years of the date of your injury.
Since many victims often waste time dealing with the insurance company on their own, there is a chance that you may already be out of time if the statute of limitations has run out. There are certain exceptions to the time limit and most lawyers will tell you if that applies in your specific legal matter.
There Are Cases That Personal Injury Lawyers Don’t Take
When potential clients approach an attorney, they should always consider the type of case. If you contact personal injury lawyers for a criminal case, you should know that civil cases are the only ones they accept.
Additionally, some lawyers specialize in certain areas of personal injury law. For example, you may have a medical malpractice case but the lawyer you’ve contacted only works on motor vehicle accident cases.
You Have an Unwinnable Case
Certain circumstances may result in attorneys declining your case, even if you are seriously injured and there is clear liability. This may happen if you had a previous lawyer who withdrew because you did not get timely medical treatment or did not follow your doctor’s orders.
You may also be turned down by other lawyers if your credibility is in question, you significantly contributed to the accident, or you made careless posts on social media that could diminish your credibility. Many attorneys want to protect their reputations and don’t want to jeopardize their years of hard work by taking a case they know they cannot win.
Lack of Resources for Your Case
Not every lawyer belongs to a law firm that has extensive resources. When an attorney or law firm doesn’t have the financial resources to enlist the expert witnesses required for a complex case, the lawyer may turn you down. Other reasons can include a heavy caseload, which means they don’t have enough time to devote to your case while managing their other cases.
The Lawyer Has a Conflict of Interest
Every lawyer must abide by ethical guidelines and when an attorney meets a potential client and there is a conflict of interest, they must refuse to take the case. A prime example of a conflict of interest is when an attorney is related to one of the parties in a case in some way.
The Attorney Has Personal Reasons for Declining Representation
As a general rule, lawyers can have their own reasons to decline representation of a particular client. A common example of this would be if a client is seeking revenge against the at-fault party after an accident.
The Lawyer Won’t Make Money from Your Case
Lawyers take cases based on how much compensation they can get for their clients. If you have a potential lawsuit for a small claim, an attorney may be more likely to reject your case. The amount of time and effort they invest into representing you must be carefully considered. If the costs of representing you exceed the potential compensation award and their contingency fee, then it only makes sense that they refuse to represent you.
Other Attorneys Have Turned You Down
If an attorney thinks they will lose based on your liability, they may turn you down. If many attorneys continue refusing to take your case, you should keep looking. It might not be a lost cause and you might be able to find a lawyer willing to take your lawsuit to court.
Lack of Evidence
Every lawyer needs evidence to help you with your case, whether it goes to court or gets settled through negotiations. As the plaintiff, it will be up to you and your attorney to have sufficient evidence to prove negligence and liability. Ethically, an attorney must also refuse to represent someone if they are filing what would be deemed a frivolous lawsuit.
No Liability in the Case
Before you can proceed with filing a personal injury case, the four elements of negligence must be established. This is what is used to determine fault in these situations. All four of these elements must be present in your case to file with the court. If you can’t prove that the defendant owed you a duty of care and breached that duty, then it is highly likely that you will be turned down by an attorney.
How to Make Your Case More Appealing for a Personal Injury Lawyer
It’s impossible for a client to change the facts in a case. However, clients can take certain steps to protect their legal rights and exercise their legal options.
Gather Evidence
After an accident, you need to have evidence that can help support your personal injury claim before you file it. This is one of the first steps every client should take before bringing a case to court. You will bring your case to the insurance company of the at-fault party before you would consider going to trial. At the start of the claim, you will need to prove what happened.
If you were in a car accident, you should get photos and videos of the accident scene, including damage to your vehicle, the other vehicle, vehicle positioning, the weather, and your physical injuries. You’ll also want to get immediate medical care so you can use the ensuing medical records to prove to a judge or jury that your injuries resulted from the crash.
A police report is often helpful in claims involving motor vehicle accidents and eyewitness testimony can help strengthen the merits of your claim. All of this evidence can help prove that the other party was at fault and indicate why you are owed compensation in these circumstances.
Have the Right Expectations of Your Attorney and the Case
Every client wants to win their case but it is important to also have realistic expectations of your lawyer and your case. Some attorneys have big advertising budgets that may make you think that they are guaranteed to get you a million-dollar settlement via negotiations or in court.
The fact is that your case may not be worth that much and your lawyer will work to get you what is fair compensation in your circumstances. Additionally, while every attorney will manage their caseload carefully, you should not expect them to call you right back or respond within seconds of your contact. The right attorney will get back to you promptly and keep you informed but they may not need to call you every single day.
Always Be Completely Honest with Your Attorney
When you are making a claim against another person or their insurance company to get compensation, you must be honest with your attorney. An attorney’s job is to find out what happened. If you omit any important details or lie, they will find out and that can impact your case.
Let Your Attorney Take Charge
When you hire an attorney, you’ve chosen this person to handle all the legal matters for you. Lawyers understand the process for the court and your case. They will know how to prove liability to ensure that you get the settlement you deserve from the negligent party.
Therefore, when you hire an attorney who is willing to take your case and represent you in court, leave it to them to navigate the legal landscape. They will have a better chance of proving fault and getting you what you are owed for your damages.
What Can an Attorney Do for You?
It’s important to understand that you can represent yourself and that no law requires you to hire a lawyer. However, it is in your best interests to retain an attorney because they will know how to prove fault in or out of court.
The best way to move forward is to speak with an attorney as soon as possible after you have sustained serious injuries in a personal injury accident. Personal injury lawyers usually offer a free initial consultation that allows them to review cases and determine if they are willing to take them. It’s also a time to get a feel for each attorney before choosing the one you feel most comfortable with to represent you.
If your case is valid, they can then present a variety of options for you to consider. They will then begin investigating your case and gathering any evidence you may not have been able to obtain. In some auto accidents, the injuries are so severe that victims get transported to the hospital via ambulance from the accident scene. When these situations arise, an attorney is instrumental in obtaining surveillance and traffic camera footage and interviewing witnesses.
Additionally, the resources of your lawyer allow them to get experts to reconstruct the accident or testify about your medical condition based on its severity and your expected recovery. In order to get the compensation you deserve for your injuries and damages, your attorney must negotiate on your behalf. Again, this is something you could do on your own and insurers usually hope for this because they can more easily use bad-faith tactics to reduce your payout.
Most insurers will try to lower your payout or deny your claim. If you are offered a quick settlement, you may be relieved but the first amount offered generally does not cover all of what you are owed. However, it is a good sign that the insurer agrees that you were wronged, making it ideal for your attorney to step in and demand a fair amount.
If negotiations don’t go as planned, your lawyer will be there to lead the way through a trial. It is more likely that your case will get settled but your attorney will be ready to take your case to trial if necessary.
Ultimately, a lawyer will not take a losing case. Your case must be valid and you must meet and discuss what happened to you with an attorney. The initial consultations are always confidential, allowing you the opportunity to gain knowledge from their legal perspective. You can contact Tijerina Legal Group to find out if you have a valid case and learn how we can help you.
