It’s a common misconception that personal injury lawyers are desperate for work, making the question “Will a personal injury lawyer take my case?” a difficult one to answer.
Personal injury attorneys would like to help you, but the truth is that not all cases are built equally. They know this better than anyone.
There are several factors that personal injury lawyers consider when choosing to take or deny a case. Below, we’ll be covering 5 of the most common of these factors.
- The Difficulty of A Case
At the end of the day, personal injury lawyers will likely turn down cases that they feel are unlikely or almost impossible to win. The reason for this decision can be based on legal, moral, financial, and/or reputation grounds. Here’s how:
- Legal – If a personal injury lawyer proceeds to file a case that he or she knows (or should know) has no merit, there is a possibility that they will get sanctioned by the court. They may also face lawsuits from the opposing side for costs and fees they had to pay in relation to the lawsuit.
- Moral – A personal injury lawyer may feel immoral and unethical in their practice if they decide to take a case that they can’t win. This may be due to a lack of experience, a lack of resources, or just the case itself being built on shaky grounds.
- Financial – A personal injury lawyer and their team will dedicate a lot of time and resources to your case. If your personal injury lawyer works on contingency (meaning they get paid only if the plaintiff wins), they may opt to choose cases that they know they can win.
- Reputation – No one wants to be known as someone that loses a lot. This is especially the case for personal injury lawyers. If a personal injury lawyer already has a poor track record, they may opt to only take on easier cases to boost their reputation.
- A Personal Injury Lawyer’s Current Resources
Sometimes, a personal injury lawyer in San Antonio, Texas may already be juggling several cases at once.
Processes like court filings, hiring expert witnesses, paying stenographers for depositions, and document copying need to be done for each case. If a personal injury lawyer believes that they do not have the time or resources (e.g. their team) to take on another case, they will reject yours – regardless of the contents.
- If a Person of Interest Is Already Being Represented
There are ethical guidelines that personal injury lawyers in San Antonio, Texas, and the rest of the country abide by. One pillar of the ethical codes is to avoid any conflicts of interest. This means that if the other party is already being represented by the particular personal injury lawyer, they will have no choice but to reject your case.
- The Potential of Your Claim
If the potential compensation is too small, it may not be worth your personal injury lawyer’s time or energy. This is even if you are likely to win. It is important to remember that the potential of your claim is tied closely to the insurance of the defendant. If the defendant has no insurance or very low policy limits, or limited assets, going to court won’t really matter.
- Particular Type of Case
Some personal injury lawyers may choose to practice in only one specific niche or injury type. In these cases, they’ll only accept clients that have been in a situation that meets their requirements. Types of cases include (but are not limited to):
- Product liability
- Medical malpractice
- Industrial accidents
- Specific injury types (e.g. traumatic brain injury, spinal injury, slip and falls, etc.)