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4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case

Personal Injury Lawyer People wonder why attorneys will not accept their case and this article is written to give a brief overview of the issue. After someone has been injured they may believe they have a case but cannot find an attorney who will accept the case. In order to help you understand why, we list below some of the things that may be helpful for your consideration.
  1. How the Accident Occurred

Personal Injury Lawyer. One of the earliest considerations by a personal injury attorney is how the accident actually happened. In order to hold someone financially accountable, they had to breach a legal duty or in layman’s terms do something wrong that caused the injury.
It is not enough that the injury happened on a premises or that the injuries are severe.
An example would be that in a car accident you were supposed to yield the right-of-way but the other driver impacted your vehicle. Who was at fault for an accident is a question that the judge or jury must answer in Texas.
In order to have a viable personal injury claim in Texas, the injured person must be able to prove that the other party was at fault and that their contribution or fault was less than 51%. If you may have been partly at fault, an attorney may decline your case because the monetary award will be reduced or eliminated depending on the extent of your fault.
Governmental immunity in Texas is another reason why attorneys may not accept personal injury claims against school districts or governmental entities.
In short, a personal injury attorney will analyze whether legal responsibility can be established and gauge the likelihood of success.
  1. The Injury is Not Serious Enough

Attorneys hear all the time “I could have been killed”, that is not an element of legal damages submitted to the jury in Texas.
Another saying that is a red flag to an attorney is “it’s a matter of principle”. Generally, that type of claim does not put any butter on the bread for the lawyer.
Personal injury attorneys are looking for damages as a gauge of the expected recovery for handling a case. Speculative damages whether financial or injury do not really help you obtain an attorney.
In personal injury cases, how bad you are hurt is the most important factor in a case. If your injuries are minor, an attorney may pass on your case because the expected monetary compensation will likewise be minimal.
Additionally, the cost of developing the testimony to prove up your injuries 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.

  1. You Sound Like You Have Talked to Many Other Lawyers

We believe it is extremely important for personal injury victims to select the right attorney for their case. This includes making sure that the attorney has expertise in the subject area of the accident and that they are a good personal fit.
Nevertheless, many cases are turned down because the potential client appears to be looking to select the attorney based upon the feedback they receive on the value of the case.
It is almost impossible for an attorney to give a client a value of the case before the attorney knows all of the facts including the insurance coverage available by the defendant. Victims should be wary of attorneys placing a value on a claim after the first consultation.
Further, if you have been “released” or “dropped” from another law firm the attorney will think twice about the case from either a liability perspective or an unreasonable expectation perspective.
  1. The Economic Reality of Pursuing the Case

Personal injury attorneys take cases on a contingency fee basis. This requires the lawyer to make a business judgment on each case they agree to handle.
Factored into that business judgment is such things as, the amount of time that the attorney expects to spend on the case, the cost out of pocket for the attorney to develop the case and the expected fee.
The attorney must consider whether the time effort and money are “worth it” for the attorney to handle. The more experienced and successful the attorney the higher that number becomes.
To put this in perspective, defense attorneys are paid by an hourly rate for each minute they spend on a matter. The client also must pay upfront all of the case expenses and the defense attorney gets paid whether they win or lose the case.
Another situation that proves difficult is when the personal injury victim has substantial injuries and also huge hospital obligations for the treatment. This can come into play when the available insurance to cover the damages is insufficient and the hospital would receive the first money out of a case.
In short, attorneys who handle personal injury cases on a contingency fee basis must be business people and accept or decline cases after considering how much time and money they must expend to move the case forward balanced against the fee that they expect to receive should they be successful and the risks in the case.

When Do You Need to Hire a Personal Injury Lawyer?


Keep in mind that the insurance companies have teams of lawyers and adjusters who begin evaluating your claim right away. Because of this, it is essential you retain legal counsel immediately to level the playing field.
If you’ve been injured in an accident that you believe was someone else’s fault, you probably have a lot of questions running through your head. Like most people, one of the first questions you are thinking about revolves around whether you are going to need an attorney or whether you can handle your claim on your own. This article is designed for exactly that: to help you decide when you need to hire a personal injury attorney.
Not all situations require an attorney, but most situations in which there is a serious injury probably will require the specialized skills and knowledge of someone who knows the legal system. Your insurance company, and the other party’s insurance company, will most definitely have a team of lawyers working for them. It is not a fair game and they are not on your side.
With that being said, there are some ways to know if your situation will require an attorney or not. No two accidents or injuries are the same, and the scenarios surrounding them are almost always unique to the client, so read on to learn more about when to hire an injury lawyer.
Here are 4 scenarios that will help you get started: 

1. You Suffered a Serious Injury or Permanent Disability

If you were seriously injured in an accident or acquired a serious illness, you definitely need a lawyer. There is no room for chance when a lifetime of pain, suffering, and bills are on the line. At the very least, consulting with an injury attorney, which is free, is highly recommended. Furthermore, if you sustained an injury that is going to require long-term care or caused you a permanent disability, hiring a personal injury lawyer could be the only way to prevent serious, lifelong financial stress for you and your family.

2. You Aren’t Sure Who is At Fault

If you were involved in an accident and it is unclear who was at fault, you should definitely consult with an attorney. In situations like this, the other party’s insurance company will definitely try to blame you for damages. Talking to an attorney can help you protect your rights and defend you from counterclaims and cross-claims.

3. There Are Multiple Parties Involved

If you were injured in an accident that involved multiple parties, consulting with a personal injury lawyer will give you the best chance at not being stuck with the bill. Attorneys have the experience necessary to deal with multiple insurance companies at once and to help build a case that protects their client.
In the case of multiple parties being at fault for your injury, a lawyer will also have the skills necessary to ensure that you get all the compensation you deserve without leaving money on the table.

4. The Insurance Company Denied or is Delaying Your Claim

Insurance companies know that 99% of people do not understand all the complicated laws and procedures that take place in a personal injury claim. Because of this, they will often use their advantage to flat out deny a person’s legitimate injury claim because they know you can do nothing about it.
Likewise, insurance companies also delay claims in order to slowly beat the injured party into submission. They know that money is tight and the bills are rolling in, so they will often use this position to offer a fraction of the amount your claim is worth. If either of these situations happen, you most definitely should consult with a personal injury attorney.
Now that we have covered the basics of when to hire a personal injury lawyer, let’s hear from some of the top attorneys from around the country about what they tell clients when they are asked, “When do I need to hire a personal injury lawyer?”

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