For many people, deciding to file a lawsuit comes after weeks or months of deep thought. It is rarely something that people undertake on the spur of the moment. Because people put so much thought into their decision, it can be extremely disappointing when an attorney tells them they either don’t have a case or the attorney won’t take their case.
Attorneys want to help people. It is not an easy thing to tell people they are unable to offer assistance, especially when the person and their family are experiencing difficulty. There are very specific reasons that an attorney won’t take a case, and there may be more personal ones. Here are some of them.
An experienced personal injury attorney always offers a case evaluation before making a decision about a case. During this evaluation, the attorney will determine liability. Even if someone feels strongly that their injuries should be compensated, an attorney cannot prove a case if they cannot first prove that someone was liable for those injuries according to the wording of the law. If an attorney believes that no one can be held legally liable for the injury, they won’t take the case.
Even if you were injured, it may not have been an injury that you would be compensated for in such a way that would make sense for the attorney to spend their time and effort representing you. That may sound unethical, but it is not. Consider the amount of time you would be willing to work for no pay. If an attorney won’t make money by taking your case, they often times will not take it.
3. Ability to Collect
In 99.9% of cases, insurance settlements will cover the costs of a personal injury. In most states, there is no ability to collect pain and suffering outside of catastrophic injuries. If a settlement covers your medical bills and lost wages, filing a lawsuit for more doesn’t make sense in every case. Again, because personal injury lawyers work on a contingency basis, they may not be willing to take a case in which they will not receive adequate compensation even if you win.
4. The Client
An attorney and a client will spend a lot of time together building a case. If an attorney feels as though you aren’t being truthful or forthcoming, they may choose to not work with you. An attorney needs to trust their client, and vice versa.
If you have been injured in Charlotte and are wondering whether you should file a lawsuit, call our team. We will schedule a free case evaluation, review the details of your injury and advise you accordingly. Call today for assistance.