Why A Lawyer May Turn Down Your Case, Even If It Has Merit
Accident victims generally assume that car accident lawyers can only reject their cases that don't have merit, but this isn't true. A lawyer can reject your case even if it is clear that you have been injured due to another person's negligence, and you have a legal basis for your claim. Here are some of the reasons a lawyer may reject such a claim.
The Defendant Can't Afford Your Damages
Most lawyers handle personal injury cases on a contingency basis. This means that you don't have to pay the lawyer an upfront fee; rather, the lawyer agrees to foot the expenses for your case with the agreement that they will deduct the expenses, plus their legal fees when you get your settlement check.
This arrangement can only work if the lawyer is convinced that the defendant can afford the damages. In practice, this means that the defendant either has a relevant insurance coverage or has valuable assets that can be used for the award. A lawyer may reject your case if they aren't convinced that either of these things exists.
The Case Is Too Expensive
Secondly, a lawyer can also reject your case if it is too expensive and they don't have the resources to pursue it. This is likely to be the case with certain types of injury cases that are known to be expensive, such as product liability claims involving medical devices. Such cases tend to take a long time and require the input of expensive expert witnesses. In such a case, it's normal for a lawyer without the right financial muscle to reject your case and, probably, refer you to the right firm.
There Is a Conflict Of Interest
A conflict of interest exists when a lawyer can't represent you competently, diligently, and to the best of their abilities. Consider an example where a lawyer is representing the person you are accusing of causing your injuries. In this case, how would your lawyer seek maximum damages against the person they are also defending? In such a case, your lawyer is legally and ethically obligated to turn you down.
They Practice a Different Specialization
Lastly, and many people don't know this, personal injury law has multiple areas of specialization. There are product liability cases, assault, and medical malpractice, among others. It doesn't make sense for your lawyer to try to handle your case if they haven't specialized in that area of personal injury law; a good lawyer will simply refer you to another law firm that specializes in your injury.
For more information, contact a personal injury attorney today.