Personal Injury attorneys may or may not accept your case when you meet with them in an initial consultation. After sustaining an injury, people believe they have a case but are unable to find an attorney who will accept the case. Some of the reasons why attorneys may decline to accept your personal case are as follows:
The Occurrence Of The Accident
The primary consideration by a personal injury attorney in deciding whether to take a case or not is how the accident actually happened. In order to hold someone accountable, they must have breached a legal duty and done something wrong that caused the injury. The mere occurrence of an injury is inadequate to pursue a claim. In a personal injury claim in California, the injured person must be able to prove that the other party was at fault or partly at fault to be successful.
The Severity Of The Injury
People often say, “I could have been killed”, when they are discussing their case with a personal injury lawyer but they fail to understand that it is not an element of legal damages submitted to the jury in California. Another red flag for an attorney is “it’s a matter of principle”. Personal injury attorneys consider damages as a gauge of the expected recovery for handling a case. Speculative damages whether financial or injury do not really help an attorney share your perspective on your case. In personal injury cases, the severity of your injury is the most important factor in a case. If your injuries are minor, an attorney may decline to take your case because the expected monetary compensation will likewise be minimal. The cost of developing evidence and testimony to prove up your injuries has to be factored into the analysis of the attorney.
Excessive Shopping For Personal Injury Attorney
It is extremely important for personal injury victims to select appropriate legal counsel for their case. They should make sure that the attorney has expertise in the subject area of the accident and that they are a good personal fit. Many cases are turned down because the client appears to be looking to select the attorney based upon the expected value of the case. It is almost impossible for an attorney to give a client a value of the case before the attorney knows all of the facts pertaining to your case including the insurance coverage available. People should be wary of attorneys that place a value on a claim after the first consultation.
The Economic Facts Pertaining To Your Case
Personal injury attorneys take cases on a contingency fee basis. The lawyer has to make a business judgment on each case they agree to handle based on the amount of time that the attorney may spend on the case, the out of pocket costs for the attorney to develop the case and the expected fee. In order to increase one’s expertise and legal knowledge, it is necessary for law students and attorneys to make best use of the resources like Crush The LSAT. The attorney considers whether the time effort and money are worth it for the attorney to handle. To summarize, attorneys who handle personal injury cases on a contingency fee basis are business people who accept or decline cases after considering how much time and money they must spend to proceed with the case forward balanced against the fee that they expect to receive should they be successful and the risks in the case.
In order to obtain damages in a personal injury case in California, it is imperative that the services of a competent, qualified and experienced California Personal Injury Attorney be utilized to obtain the most favorable resolution possible to your accident injury claim. The skills and expertise of an attorney have a profound impact on the outcome of any personal injury case.