A common complaint we get from clients is that they’ve been turned down by another Atlanta personal injury attorney and received a generic letter stating “Sorry we can’t assist you, you should speak to another lawyer.” They’re stumped by the lack of answers.
A lawyer weighs the risks and rewards of a case before deciding whether or not to accept it. You’ll get the boot if your risk outweighs your gain. A personal injury lawyer will not accept your case for the following reasons:
- Risk of Liability Is Vague
- State of Contributory Negligence vs. Comparative Negligence
- It’s a difficult case.
- There is a Low Chance of a Quick Recovery
- Damage Caps and Tort Reform Limit the Potential for Compensation.
- Amount of Damage
- Sovereign Immunity for Governmental Units
- Issues in Medical Care
- Issues Related to Closeness
- Client Expectations That Aren’t Realistic
- An unreliable eyewitness, the client
- Car Accidents with Minimal Property Damage
- Conditions That Existed Before
The Client Overstayed His Welcome
These are the most typical reasons why a personal injury lawyer will not accept your case, but there may be more. A lawyer’s risk vs. return analysis is affected by all of these factors, to some extent. Each of them has been explained in great depth below. If you’d want to learn more about why they typically refuse to notify you why your case was rejected, please see the material provided below.
Comparison Of Risk Vs. Reward
Many legal firms that specialise in personal injury cases function on a contingency fee basis. In other words, they put their own money at risk in order to pursue compensation. They stand to lose all of their hard-earned cash if they are defeated. As a result, lawyers must measure the time and expense of presenting a claim against the risk of loss and the expected compensation when considering whether or not to take on a case. In a riskier case, a larger expected payoff may justify a lawyer’s risk, while a low anticipated recovery may not even justify the expense of bringing a clear-cut culpability claim.
Risk Of Liability Is Vague
Whether or not a lawyer accepts your case depends on whether or not they believe you are liable. The chance of a settlement is reduced if the culpability is not clearly established. As a result, the expected expenses will rise. Many times, the customer assumes that culpability is evident, while it is not.
State Of Contributory Negligence Vs. Comparative Negligence
In certain jurisdictions, the rule of contributory negligence is followed, whereas in others, the rule of comparative negligence is used. If a plaintiff’s own carelessness is deemed to have contributed in any way to the occurrence that led to the harm, he or she cannot collect from the other party. If a plaintiff’s negligence is 50% or less, he or she may still collect damages, but he or she will forfeit the portion of the damages for which he or she is accountable. Whether or whether a lawyer accepts your case depends on where your injury occurred.
Damages Are Estimated To Be Low
Damage models are used in every situation. Since each person’s experience of pain is unique, there is no way to predict precisely how much a jury would award in a given instance. An experienced trial lawyer, on the other hand, is able to predict the value of a case on average. A lawyer is unlikely to accept your case if the expected recovery is less than the estimated expense. A disgruntled client and little return on his or her effort are more probable outcomes if the case consumes all of his or her free time.
Amount Of Damage
Juries tend to give higher verdicts when an injury is of a more serious nature, on average. In many circumstances, a higher verdict means a greater willingness on the part of an attorney to take on further risk. However, understand that intensity varies from person to person.
In the eyes of a jury or a lawyer, what you consider harsh may not be that bad to them. If an attorney doesn’t think your injuries are significant enough, she may not accept your case. Furthermore, a high verdict has little monetary value if it cannot be recouped. This is not the only thing to keep in mind.
CONSIDERATIONS AT THE END
Lawyers weigh all of the aforementioned variables when making the decision of whether or not to take on such a case and fight it. There is no one aspect that determines the outcome. Case value does not dictate whether or not an attorney will accept your case. Everything a lawyer needs to deal with is unique to him or her. This means that if your first choice of attorney declines to handle your case, you should always get a second and third opinion.