Many lawyers offer a free initial consultation for personal
injury cases. The lawyers use the initial consultation to determine whether to
accept the case. Below are some of the factors a lawyer might use to decide
whether to accept your case.
Strength of the Case
The nature of the case determines how easy it is to win. A
lawyer might be reluctant to take a weak case. Here are some of the things that
determine the strength of a case:
- The
available evidence
- The
proof of liability
- The
degree and nature of the injuries
- The
potential defenses
- The
victim's contribution to the accident
For example, you likely have a strong case if you have video
evidence and eyewitness testimony of a motorist ramming you from behind.
Value of the Case
A personal injury lawyer only gets their pay if they win
their case. The lawyer gets a percentage of your settlement check; the
settlement check should also cover the expenses of the case. Thus, a lawyer
will only take your case if the case is valuable enough. Factors that determine
the value of a case include:
- Economic
damages, such as medical bills and lost wages
- Non-economic
damages, such as loss of consortium
- Clarity
of liability
For example, a serious accident that leaves you with a
fractured limb may be worth pursuing. On the other hand, an accident that only
leads to skin scratches might not attract adequate compensation.
Case Expenses
As mentioned above, your settlement check should also cover
the case's expenses. Case expenses include things like:
- Expert
witness fees
- Court
filings
- Transport
costs
- Telephone
bills
- Investigation
costs
- Deposition
costs
Compare two cases, each worth $90,000. The first case
requires expenses of $20,000, while the second case expenses are $80,000. The
first case is more worthwhile because of its low or reasonable expenses.
Statute of Limitations
The statute of limitations determines how long you have to
file a claim after an injury. For example, the statute of limitations for a car
accident in Texas is two
years. Thus, the court won't accept your auto accident case if you file it
after three years. Unless some exceptions apply, no lawyer can help you if you
let the statute of limitations expire.
Conflict of Interest
Before they can take your case, your lawyer will evaluate it
for potential conflicts of interest. A conflict of interest arises if the
lawyer's personal or business interests are at odds with your interest.
Consider an example where a car hits your motorcycle and
causes you serious injuries. You arrange a consultation with a layer only to
learn that the motorist who hit you has already retained the lawyer. In such a
case, conflict of interest means the lawyer cannot take your case.
Ease of Collection
For most personal injury cases, the major goal is to recover
monetary compensation for the victim. In many cases, the defendant's insurance
company signs your compensation check if you win. You can also collect your
damages from the defendant's personal assets if they don't have insurance
coverage.
As such, you might be out of luck if the defendant has
neither insurance nor assets that can cover your damages. Many lawyers don't
bother with such cases because the award would be empty (a formality).
As you can see, myriad factors determine whether
a lawyer would pursue an injury case. That is why a thorough consultation is
necessary for all injury victims. The Law Offices of Janice Maloney has the
necessary resources and experience to handle all kinds of personal injury
cases.
Contact us
today
so that we can evaluate your case and advise you on the best way forward.
