Factors That Determine Whether a Law Firm Takes an Injury Case

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.