Has a Personal Injury Attorney Denied Taking Your Case And Left You Wondering Why?

By shamieh law | On


Some personal injury attorneys only take a limited number of cases due to the type of contracts they enter into with clients

Almost all injury attorneys require clients to sign a contingency fee contract. A contingency fee contract is a contract where the lawyer only gets paid if he/she wins. This is great for a potential client because no money is owed to the lawyer if the case loses. Additionally, the attorney has an incentive to obtain more money for you because the attorney will make more money as well.

However, most personal injury lawyers will not take risky cases for the fear of losing and not getting paid. Like any successful business, the growth of a personal injury firm requires taking cases that are likely to settle. Some law firms shy away from cases that have risky factors that would require the case to go to trial and risk losing.

Your injury severity may not be serious enough

Like the title says, personal injury lawyers handle injury claims. The more severe your injury, the greater the potential for a bigger settlement or verdict at trial. However, if you are not injured that badly, some attorneys decide to pass on those cases. Even if you could have been killed or injured worse, attorneys cannot work off hypotheticals, and the law in Texas does not allow attorneys to speculate as to what could have happened to you.

You wait too long to receive medical treatment

The consensus among adjusters and most jurors is that the longer you wait to treat, the less likely you are truly injured. Individuals who get injured get medical help. Some attorneys do not take cases where an individual wait more than two weeks to treat with a doctor. Keep this in mind if you are hesitant to go to a doctor.

You bear some or all the responsibility for your injury

Some attorneys will pass on a case if they believe you are at fault for your injuries. In Texas, an injured individual must prove at trial that another party was at least 51% at fault. If a jury finds that you are 50% or more at fault, you get nothing. Additionally, your recovery gets reduced by the percentage of responsibility a jury places on you between 1% and 49%. For example, in a car wreck, if one driver was speeding and another driver ran a red light, a jury may find that both drivers were responsible.

Depending on the percentages a jury may place on both drivers will depend on who wins and who loses the case. As you can imagine, there is no way of telling what a jury will likely decide so some attorneys will not take these types of cases because there is more risk of losing. If your case was turned down by an attorney, it may be because the lawyer felt like determining responsibility would be difficult for a jury to decide on.

Switching lawyers or speaking to too many lawyers is another reason your case was turned down

Personal injury cases can take up to 3 years to settle. Therefore, it is extremely important that you choose an experienced law firm who you trust and can communicate effectively. Nevertheless, some lawyers will not take your case if it appears you are shopping around to see which attorney values your case the highest. It is important to note that it is very difficult, if not impossible, to determine the value of your case right after your injury. Further, if it appears that other firms have dropped your case, some attorneys stay clear of those cases.

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