After an accident, many people believe they have a case but wonder why an attorney will not accept the case. This article will help you understand why an attorney may not be willing to accept your case.
Reason # 1: Determining Fault
An attorney will only hold someone liable for your accident if the one at fault actually caused the accident. Simply put, severe injuries are not enough to hold someone liable.
For example, in the event of the accident, you failed to yield the right-of-way and as a result, the other driver impacted your vehicle. In Texas, the judge and jury will question who was really at fault for the accident.
In order to have a claim in Texas, the injured person must prove that the other party was at fault and that their contribution was less than 51%.
If you have been partly at fault for the accident, an attorney may deny your claim because the reward for your claim is reduced or eliminated altogether.
Moreover, governmental immunity is another reason why many attorneys may not accept a claim against school districts and governmental entities.
Reason # 2: Your Injury is Not That Serious
“I could have been killed” or “it’s a matter of principle” are remarks many attorneys have heard from people.
An attorney will determine if your injuries are serious enough to recover compensation. So how bad you were hurt determines how much compensation you may receive.
If your injuries aren’t as serious a lawyer may not accept your case because the compensation rewarded will be minimal.
Furthermore, if the cost of the expected depositions exceeds the cost of the return, an attorney will most likely deny the case.
Reason # 3: You Have Talked To Too Many Attorneys
It is wise to choose the right attorney for your case. Someone who has expertise in the subject area of the accident.
Many cases are turned down simply because clients tend to choose attorneys based on the feedback on the value of their case.
An attorney cannot value your claim if they have not looked into all the facts and the insurance coverage available by the defendant. You should be cautious when a lawyer tries to put value into your claim on the first consultation.
Also, if you have been “dropped” or “released” by another firm an attorney may be wary about accepting your case from either a liability perspective or for any other unreasonable reason.
Reason # 4: Whether Your Case is Worth The Effort
Personal injury attorneys take cases on a contingency fee basis. An attorney will take into consideration the amount of time the case will take and the out of pocket cost the lawyer will take to develop the case, and the expected fee.
So an attorney will determine whether your case is worth it. The more experienced and successful your attorney is the higher the success.
Defense attorneys are paid by the hour for each minute they spend on the case. A client must pay upfront for all the expenses on the case. An attorney gets paid whether or not they lose or win the case.
If the injured victim has substantial injuries and owes a lot of money to the hospital, the insurance available to cover the damages is insufficient and the hospital would be the first to receive the paycheck.