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

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.

How the Accident Occurred

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, 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.

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.