When someone experiences an injury, either physically or mentally, and it happened because of someone else’s carelessness, the injured person might sue. Even if what the injured person is claiming is true, an attorney may be reluctant to pick up their case. The Baumgartner Law Firm has established 4 reasons why this is happening. These reasons include:
- How the accident occurred
- The injury is not serious enough
- You have talked to many other lawyers about your case
- The economic reality of pursuing the case is poor
A personal injury is a legal term that’s used when the sufferer files a lawsuit against the person who caused the harm due to negligence, recklessness, intentional misconduct, or are simply liable for what happened. The problem is that even though you think you have a case, your lawyer may not always take you up on it. If you’re actively looking for a personal injury lawyer, you can always find one of the best on the Lawyers of Distinction website. However, they may not all pursue your case.
To elaborate a little more on why it’s common to be denied by a personal injury lawyer, we’ll look at what The Baumgartner Law Firm meant by their four reasons.
How the accident occurred
One of the first things the attorney is going to ask you is to explain to them how the injury happened. The lawyer will be able to determine if the person you’re looking to sue is actually responsible for your injury in the eyes of the law. Most of the time, it’s not going to be enough to sue someone if you just got hurt on their property. The lawyer needs to be able to prove that the fault lies on the person they’re suing and that less than half the fault lies on the sufferer. If you’re at all at fault, the settlement could be considerably less, another factor in the lawyers decision to take on your case. They’re going to want to know how it happened, why it happened, and the roles that each of the parties played in the accident occurring. They should be able to get a good sense on how likely they are to win the case by that.
The injury isn’t serious enough
There needs to be a documented or physically obvious injury that can be directly related to the accident at hand. You will never win a case over the fact that the injury could have been a lot worse. If the fact of the matter is that it could have been worse, unfortunately, you might have to just count your lucky stars. The lawyers want to see legitimate damage in order to gauge what the settlement is going to be and how a jury is going to see the case. While you might be hurt, if the damage isn’t severe enough, the money might not be enough either.
You have talked to many lawyers
You have the right to talk to different lawyers before you choose one to work with, but it might be a turn off if you are speaking to too many. Often, people ask the lawyers to place a value on their case, something impossible to do beforehand. If a lawyer ever promises you a certain monetary value on your case, they’re probably just telling you that for your business. You should seek out a lawyer that you trust rather than the one that tells you what you want to hear.
The economic reality of pursuing the case
When personal injury lawyers take on a contingency fee, it matters how much they think the case could potentially settle for. They want to make sure they’re not wasting their time on a case that isn’t going to pay much in the end. Lawyers might even consider how much insurance is willing to pay for the injuries, because if insurance isn’t paying, the hospital will be getting money out of the settlement. Sometimes it’s just not worth their time and effort.