Why can’t I find a lawyer for my case?

Personal Injury Lawyer

You’ve suffered an injury, but for some reason the lawyers you’ve spoken to are unwilling to accept your case.  Sound familiar?  Like most injury attorneys, the lawyers at Davis & Brusca have spoken with many people over the years who’ve come to them for help and simply cannot find a lawyer for their case. People in this position are understandably upset and frustrated.  They usually can’t understand what the issue is and, rather than being given an explanation, they’ve simply been told:  “Sorry we are unable to help you at this time. Please talk with another lawyer.”  This post is designed to give you some insight into what may actually be happening.

Why A Lawyer May Not Give You A Reason

The list of potential explanations is long  and varied.  Lawyers tend not to give specifics because their decision to decline the case is typically a matter of personal opinion or driven by the business model used by the firm.  As such, the lawyer may not want to dissuade the client from pursuing their case and may legitimately believe other lawyers may take the case.  The truth is that lawyers are people.  They will have different expectations for the types cases they will accept. For example, some lawyers will only take on “high value” cases, whereas others will only handle small to medium value cases.  Some lawyers will only take cases they feel have a high probability of settling, whereas others are more willing to take a case to trial.  Or it may simply be a personality issue.  Bear this in mind, and understand that the fact that one, two, or three lawyers turn down your case does not mean you don’t have a case or won’t find a legal advocate.

Rather than accepting the first few rejections by a lawyer, you should seek further opinions. It will also be a good idea to ensure you are dealing with lawyers who focus on the type of case you have.  For instance, don’t seek out a business litigation firm if you have a personal injury claim. If you’ve tried, and tried, and cannot find anyone to take your case, we hope this article might help you to understand why.

The Most Common Reasons A Personal Injury Lawyer Did Not Accept Your Case

  • Liability is not reasonably clear.
  • The case is not serious enough.
  • The anticipated recovery is not substantially more than the cost to investigate the case.
  • The case is subject to damage caps or other “tort reform” limitations.
  • There are concerns about the ability to prove a “causation link” between the incident and the harms asserted.
  • The client is focused “on the principle of the matter” – that is, they don’t “care” about the money, and just want their “day in court”.
  • The client presents as a poor witness or there is some reason to question credibility.
  • The value of the damages is too low.
  • The client has pre-existing medical conditions to the same injured area of the body.
  • You waited too long to file a case.

Medical Care Issues

The timing and type of the medical care you received after your accident can have an affect on the strength and value of your case. By law, you have the right to ask for a reasonable amount of money for necessary medical care. However, what sum is “reasonable?”  Ultimately, that determination is not made by you.  It is made by the defense lawyer, the insurance company or possibly a jury. Furthermore, the defense can call upon doctors to challenge any of the care you have received. If your bills are higher than the average amount of similar services, it could raise questions. The following are medical care issues that could weigh into a lawyer’s decision on whether or not to handle your case.

  • You sought new medical procedures, experimental procedures, or care for unrelated matters.
  • There are gaps and delays in between your medical care.
  • You are going to a doctor who has already been investigated for fraud.
  • You are not following the recommended care by your doctor.

The above factors may be considered by a lawyer offers before they accept your case; however, all cases and lawyers are different. 

 


 

Thank you to our friends and contributors at John K. Zaid & Associates,  a personal injury lawyer Deer Park, TX for their insight into personal injuries and finding a lawyer.