How Personal Injury Lawyers Decide Which Case to Take
If you’ve been in an accident and sustained injuries because of the accident, you might be seeking representation. A personal injury lawyer will help you get the award you deserve. They have the knowledge, skills, training, and experience to take on insurance companies to help you get the maximum settlement.
Personal injury lawyers know investigators to better prove your case and have experience working with other lawyers. Settlements are often higher for those who hire personal injury attorneys – even after paying their fees.
But just because you have a case doesn’t mean that the personal injury lawyer will take it on. Obviously, some cases are better and more appealing than others. Not to mention they are some cases that the personal injury lawyers know will be profitable. There are other factors that determine if they’ll take on your case, which you should be aware of before you schedule a consultation.
Who Is Liable for The Accident?
One of the biggest factors in whether an attorney will agree to represent you in a personal injury case is in regard to liability for the accident. This means who’s at fault for the accident. If there are reports that signal that you caused the accident, then the chances are a judge and jury will do the same. It doesn’t matter if you were seriously because you’re actually the one to blame. In these cases, a lawyer will probably turn you down because you were the person responsible for your injuries. However, there are exceptions. A qualified personal injury lawyer could find things hidden in your case that could be useful, thus increasing your chances of winning.
Do You Have A Real Injury?
Even though you were hurt during the accident doesn’t mean you your injury is significant. If you weren’t seriously hurt, your case isn’t worth much. After all, the injuries you succumbed to in the accident are what will be measured when it comes to the settlement.
So, if you only have minor injuries, then financial recovery on your case may be very little or even nothing at all. If no real injury occurred, then your case doesn’t mean much since the law only compensates for damages that are measurable.
Was There A Long Gap Was Between the Accident And When You Sought Medical Treatment?
If you were in an accident, it’s recommended that you seek medical attention or make an appointment with a chiropractor no more than 72 hours after the accident occurred. But it’s even better if you can get same-day treatment (according to the majority of insurance companies).
If you waited too long to seek treatment or didn’t go at all, a personal injury lawyer might not take your case. A judge or jury might not deem your injuries serious if you didn’t seek medical treatment faster, which wouldn’t be wise for a lawyer given, they’ll only get paid if you win a settlement.
Are You Following Doctor’s Orders?
If the doctor has seen you and established that you do have a serious injury, they’ll most likely have you going in for regular appointments. You must follow all orders that your medical team gives or else it could look like you’re not seriously injured.
If you neglect to follow your doctor’s orders and/or stop making your appointments, the insurance company will use this against your case and will invalidate any injury claim you have. If the lawyer has taken your case, but you aren’t consistently going to any appointments or are endangering your case in any way, you will be dropped from having representation and will more than likely lose your case.
Have You Talked to Insurance Adjusters?
You never want to talk to an insurance adjuster because it’s a huge red flag to your potential personal injury lawyer. If you have spoken to one, what you disclosed and if you provided a written or recorded statement about the accident and your injuries could be used against you.
Insurance adjusters can be tricky and will try to get accident victims to provide a recorded or written statement about what happened during the accident. They’ll try to probe you so that they know as much about the accident and your injuries as possible.
They’ll engage you in a friendly conversation and then subtly get you to describe the accident and your injuries. If you do engage in a conversation with them, it’s important that you refuse to talk about any facts, especially if you want your case to be successful in court.
It’s vital that you give out no details about your injuries or the case. Providing an incomplete statement or inaccurate facts to the insurance company can leave room for mistakes, where they’ll invalidate your claims later on. They’ll try to find inconsistencies with your claim, which could potentially harm your case.
Will It Make Sense for The Lawyer?
A personal injury lawyer will need the case to make sense of their workload. They’ll want to use their time wisely and only accept cases that they could potentially benefit from. Once the lawyer evaluates the case, he or she will take into consideration how much time the case will need, what the out-of-pocket costs will be for them and the case’s chances to settle are high.
All personal injury claims have a purpose, and that purpose is to obtain financial compensation for your injuries and debts because of the accident. This includes how much medical treatment will be, all lost wages and any emotional stress the injury and accident have caused you.
Since personal injury lawyers mostly work on contingency, they only get paid if your case is successful. They won’t invest their expertise and time on something they’ll most likely lose money on.
Many personal injury attorneys offer free case evaluations, in which they’ll be able to find out if you have a case worth taking. During the meeting, you’ll be able to discuss your accident and injury in detail so that they can decide if your case is worth their efforts and talents. If you are interested in learning more about the personal injury case process, give One Law Group a call at (310) 923-9420 today!