why wont a lawyer take my injury case

Full Answer

Why won’t a personal injury lawyer take my case?

The top 14 reasons why a personal injury lawyer won’t take your case include: There may be other considerations, but the above 14 reasons are the most common reasons a personal injury lawyer will not take your case. They all affect the risk vs reward analysis a lawyer goes through. Below is a detailed explanation of each of these.

What happens if a lawyer doesn’t have a strong case?

If a firm doesn’t think you have a strong case, they certainly don’t want to add a loss to their record. Lawyers have an interest to protect their own reputations since a strong reputation will draw in more clients, just as a weak reputation will do exactly the opposite.

What should I do if my first lawyer won’t take my 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. We also offer a free consultation, regardless of how many other lawyers have turned the case down.

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:

What does it mean when a lawyer doesn't want to take your case?

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 lawyer has won the most cases?

Gerald Leonard Spence (born January 8, 1929) is a semi-retired American trial lawyer. He is a member of the American Trial Lawyers Hall of Fame. Spence has never lost a criminal case either as a prosecutor or a defense attorney, and has not lost a civil case since 1969.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How do you know if your lawyer is selling you out?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

What kind of law do attorneys handle?

Some attorneys will handle mostly business or criminal law, then take some personal injury cases on the side. Others may specialize in personal injury law, but perhaps aren’t as good at some types of injuries, such as child sexual abuse or nursing home abuse, to give some examples.

What to do if you have a minor injury?

Don’t assume you don’t have a case if your injuries are minor or you think you can handle it on your own with the insurance company whose only interest is to keep their costs to a minimum and settle low. Instead, call a personal injury attorney. The call is free and you have nothing to lose.

What happens if you miss the deadline for filing a claim?

There are strict deadlines set by law for filing a claim. If you have missed that deadline, your claim is invalidated. 2. There is a conflict of interest. It could be something as simple as they are representing the other side, or they may be representing the person you want to sue in another case.

Do personal injury attorneys work on contingency?

Most personal injury attorneys who fight for the plaintiff truly want to help those injured, but they also need to make a living. And since they work on contingency, that means in order for them to make that living, there must be a settlement.

Can you give up a settlement if you are partially at fault?

Even if you may be partially at fault, or are unsure about the viability of a settlement, don’t just give up after a few negative responses. You owe it to yourself to get through to an attorney who will truly evaluate your case and take the time to answer your questions about it.

Can an attorney take a case if the defendant is uninsured?

If the defendant is uninsured or underinsured, you may have a case but there will be little chance of collecting on the settlement. Attorneys can’t afford to take on cases like that – at least on contingency.

Can an attorney take your case if you are at fault?

If you are somewhat or mostly at fault, some attorneys will not risk the time and resources needed to take your case for fear that they’ll be left holding the bag. This is a valid concern.

Statute of Limitations

The standard time limit on personal injury lawsuits in Oklahoma is two years from the date of the incident. If you attempt to file a lawsuit after the statute of limitations, the court may throw your case out without adequately considering it. The full explanation of Oklahoma’s statute of limitations for personal injury lawsuits is in Title 12, Ch.

Conflict of Interest

Sometimes a personal injury lawyer could be representing the other side or the person you want to sue in another case. Also, if you find that a lawyer’s values or interests don’t align with your own, keep in mind that you may not want them to represent you.

Schedule Conflict

Sometimes, an attorney is simply too busy to be able to take on your case. But, if that’s the case, they should refuse to represent you so that their attention isn’t divided between you and whatever else is taking their focus.

Personal Injury is Not Their Expertise

You want an attorney who is well equipped in dealing with personal injury cases. If a lawyer’s expertise isn’t appropriate for your case, they may refuse to take it. It’s crucial that you hire an attorney that understands personal injury law and best knows how to deal with cases similar to yours.

Your Case is Too Small

Certain law firms will sometimes only consider more significant cases. So, if your case is too small, they’ll refuse to take it, know that it’s nothing personal. But that can’t be determined without meeting and talking with a personal injury lawyer.

Minimal or No Damages

If your injuries or losses are minimal or even if you were involved in an accident, but there were no damages, an attorney may refuse to take your case. Certain injuries or damages are harder to prove, like mental anguish, but that’s why it’s essential to find an attorney who is willing to fight for compensation for the damages you do sustain.

Settlement is Not Guaranteed

This often applies to cases where the defendant is uninsured or even underinsured. Certain cases may have a smaller chance of reaching a settlement than others. This is another thing that you should cover during a consultation with an attorney.

What does an attorney want to know about an accident?

For injury, malpractice, and accident litigation, an attorney will want to know whether an insurance company, corporate employer, or government entity is involved. Otherwise, there may be nobody with sufficient assets to cover the costs of a lawsuit.

What do you need to know before drafting a complaint?

Before drafting a complaint, your attorney must verify and familiarize himself with the facts of your case, collect your medical records, determine the best legal theory to argue, and research relevant case law. These steps often take longer than clients expect, but they are necessary to avoid sloppy pleadings.

When does a car accident SOL start?

If a patient experiences pain after a car accident, but does not seek medical treatment for several months, the SOL will likely begin at the date of the accident rather than the date of the patient’s diagnosis. It is vital to consult with an attorney as soon as you become aware of your injury.

When does a SOL run?

For ongoing injuries, such as constant pain or deteriorating conditions, the SOL begins to run when the patient knew or had reason to know of the cause of harm.

Is it ok to wait until the last minute to get an attorney?

It never pays to wait till the last minute to start searching for attorneys. If you have a month or less before your SOL deadline, you may find it difficult to secure an attorney. Most attorneys are unable to drop their current case work to prioritize your last-minute claim.

Can a lawyer specialize in a niche?

While they may practice the broader area of law, they may not specialize in the niche that you need. Rather than arguing or demanding that they accept your case, ask for a referral to someone with the correct speciality.

Can small firms handle expensive cases?

The ability to handle expensive cases will vary between firms. Some small firms and solo practices are unable to afford any significantly expensive cases. Others can only handle a few at a time. Larger firms may accept more expensive cases, but even they will reject a case that seems too risky.

What happens if a lawyer doesn't take your case?

Additionally, the cost of developing the testimony to prove up your case has to be factored into the analysis of the attorney. If the cost of the expected depositions exceeds the expected return on the case, an attorney most likely will not accept the case. If a lawyer doesn’t take your case, you can get a second opinion from another lawyer who has ...

What happens if you are dropped from another law firm?

If your case has been repeatedly “released” or “dropped” from another law firm, subsequent attorneys will think twice about taking your case from either a liability perspective or an unreasonable expectation perspective.

What is statute of limitations?

The Statute of Limitations has expired. A statute of limitations is a law which sets the maximum time you have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.

How long do you have to sue for a personal injury?

For example, in some states, the statute of limitations on personal injury claims is two years, so that means you have two years to sue for a personal injury case.

Why is it important for a lawyer to protect their reputation?

Lawyers have an interest to protect their own reputations since a strong reputation will draw in more clients, just as a weak reputation will do exactly the opposite. In personal injury cases, how badly you’re injured is an important factor in a case.

What does it mean when a lawyer takes on a new client?

7. They don’t like you. A lawyer is never obligated to take your case. Taking on a new client means starting a new working relationship – and relationships are a two-way street. If you’re perceived to be difficult to work with, obnoxious, or abrasive, then they may choose to pass on your case.

Why won't a lawyer take my case?

Here are the top 7 reasons why a lawyer won’t take your case: 1. There is No Money to be Made in Your Case. There is a real cost associated with trying a case. For a lawyer to take a case, the case needs to have the potential to recover more money than the lawyer will have to invest to try the case.