why a personal injury lawyer won't take a case

Full Answer

Why won’t a lawyer take my case?

Under comparative negligence like Texas, a plaintiff can recover so long as his negligence is 50% or less–he just loses the percent of his damage award for which his own negligence is responsible. Where your injury occurs matters and may be part of the reason that a lawyer won’t take your case.

Will a lawyer take my case if the liability is not clear?

Liability is a big consideration in whether a lawyer will take your case. If liability is not reasonably clear, the likelihood of settlement is lower. This means the anticipated costs are higher. But many times, liability seems clear to the client when it is not. Examples of cases where liability is not clear that seem clear:

How do personal injury law firms work?

Many personal injury law firms work on a contingency basis. This means that they invest their own money to bring claims. If they lose, it is their own money they lose too. Thus, in deciding whether to handle a case, attorneys must weigh the anticipated time and cost of bringing the claim vs the risk of loss and the anticipated recovery.

What is the case value of a personal injury lawyer?

Similarly, there is no magic case value number that means a lawyer will or will not take your case. Every lawyer has his own situation, caseload, resources, and considerations. Thus, you should always seek second and third opinions if the first attorney won’t take your case. At Simmons and Fletcher, P.C. we practice personal injury law exclusively.

Why do lawyers turn down cases?

The attorney may have not seen enough financial incentive to pursue your case, or they may think that someone else is better qualified to represent you in a court of law. It's also possible that they don't feel good enough about their chances of winning your case to accept it.

What percentage do most personal injury lawyers take?

33%As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.

How are personal injury settlements paid?

When a settlement amount is agreed upon, you will then pay your lawyer a portion of your entire settlement funds for compensation. Additional Expenses are the other fees and costs that often accrue when filing a personal injury case. These may consist of postages, court filing fees, and/or certified copy fees.

How much does a lawyer take from a settlement?

There is no average settlement, as each case is unique. Whatever the amount is, your law firm will charge you on a contingency fee basis. This means they will take a set percentage of your recovery, typically one third or 33.3%.

The Lawyer May See Problems with the Case

Sometimes, an injury lawyer will see problems with your case. Bear in mind that reasonable minds can differ in their legal analysis. If a lawyer turns down your case, you may need to find another lawyer that’s willing to take your case.

Problems with the At-Fault Party

Sometimes, a lawyer can foresee a problem with the at-fault party. The most common problem is an at-fault party that lacks insurance. When the at-fault party is uninsured, you will need to pursue their personal assets to recover compensation for your injuries. This process can take a lot of effort and does not always produce results.

Problems with the Lawyer

Lawyers do not take every case. And in fact, lawyers must not take some cases. The Florida’s Rules of Professional Conduct impose a duty of competence on attorneys. A lawyer must decline your case when it involves an area in which the lawyer lacks skills or knowledge.

Talk to Multiple Lawyers

You can resolve many of these situations by speaking to a different lawyer. If a lawyer declines your case, they will usually explain the reasons. If the problem with your representation arises from the lawyer themselves, another lawyer may be able to take your case.

What happens if a defendant does not have the money to pay your legal compensation?

Even if your case looks strong, if the defendant does not have the money to pay your legal compensation, then an attorney may not think it worth the investment. This can be a difficult one, so we will illustrate with an example.

Why do people turn down a case?

A major reason for turning down a case is because the plaintiff only suffered minor injuries. The more serious the injuries, the higher the value of the damages. Even if there is a clear case of negligence, a lawyer will not be prepared to invest the money in your case if they are not guaranteed a return. For example, a car accident case will cost a minimum of $5,000 upfront, and lawyers only get a percentage of your settlement, so if the case is not high value enough, they will not recoup the investment.

Can I file a lawsuit in California if the statute of limitations has already passed?

If the statute of limitations has already passed on your case, then you will not be able to file a lawsuit at all. The statute of limitations is two years in California, so you need to act fast to file your lawsuit. No matter the excuse for your inability to file the lawsuit within the statute of limitations, your case will not be considered.

Do lawyers take down mass tort cases?

They either resolve the case with a settlement, or the case collapses. However, some lawyers will not take down their mass tort case page, and clients will seek legal advice. It is understandable that clients will be confused and will call even if we have pages explaining why we do not represent these cases anymore.

1. The Attorney Has a Conflict of Interest

An attorney has a duty to protect your best interests. Attorneys have sworn to follow specific rules of professional conduct and ethics. Therefore, if the attorney has a conflict of interest, he has a duty to decline your case.

2. The Statute of Limitations Has Expired

The Statute of Limitations sets a deadline for filing a lawsuit for an injury claim. The deadlines for filing a lawsuit may vary by case. For example, medical malpractice claims may have different deadlines for filing lawsuits than car accidents.

3. You are Partially to Blame for the Cause of Your Injury

To recover compensation for an injury claim, you must prove that the other party was responsible for causing your injury. If you were partially at fault for the cause of your injury, your negligence offsets the other party’s liability.

4. A Lack of Damages

You must prove that you sustained damages to recover compensation for an injury claim. A personal injury lawyer carefully reviews the case to determine if there is evidence of damages.

5. Your Case is Out of State

An attorney must be licensed to practice in a state before he can represent clients. If your case occurred out of state or requires an out-of-state lawsuit, the attorney may decline to take the case.