What Makes A Lawyer Agree To Take On A Personal Injury Case?
Michael Babboni
Personal Injury
When a person is injured through someone else's carelessness, that is not only unfair; it is illegal. This isn't considered a criminal act in the same way theft or assault is. So instead of going to court for a jail sentence, a person or group is sued. This results in legally recognized accountability and a requirement to compensate the victim financially.Some circumstances cause a lawyer to hesitate and ultimately refuse to take on a personal injury case. It could be a matter of bad timing or a conflict of interest that makes them unable to accept. However, certain elements or factors get a lawyer's attention and make them more interested in taking on a case. These are some of the factors that encourage lawyers to consider accepting a case.
Realistic Expectations
Some people go to court without having a grounded idea of what will happen or what the outcome will be. In the vast majority of personal injury cases, the goal is to get a fair settlement. That is to say, whatever an accident has cost a victim in medical expenses, lost wages, or perhaps even future employment due to a new disability, the goal is to get justice and reach a fair settlement.
Some potential clients, however, aren't interested in this. In some instances, a client is more interested in revenge than financial compensation. This could mean that even if a lawyer knows an out-of-court settlement could be easily reached with little protest, the client is more interested in the news coverage of a trial. In other instances, a client may view a personal injury case as a get-rich-quick scheme and is interested in tens of millions of dollars even though, realistically, that's not feasible in many cases.
Bring Information & Evidence
The more likely a case is to win, the more a lawyer will represent a person. Trials, however, live and die by convincing a jury that an argument is right, and evidence is one of the best weapons in winning that war. If you come prepared with your evidence to present to a lawyer, this already bodes well for a case.
In this instance, this means coming to a lawyer with things that quickly get to the nature of the case. Presenting a medical diagnosis, for example, shows the lawyer that there's already a professional assessment of just how serious the case is. Police reports of an accident, contact numbers of potential witnesses, and even photos or videos shot at the scene all go a long way toward building a solid foundation on which to base a lawsuit.
Complete Honesty
Similarly, a lawyer will readily accept a case where the client's primary concern is justice, the same holds if the client is honest. If a client comes to a lawyer with a case and, right from the first talk, presents the facts, holds nothing back, does not exaggerate, and does not obfuscate details, that's very appealing to a lawyer.
For the lawyer, it means that the client is honest and that honesty—and perhaps more importantly, consistency—will carry over to the case and even witness testimony. A client who lies or exaggerates to the lawyer is already making a case more complicated than it needs to be. It could even cost a win in the courtroom if those same lies and inconsistencies are discovered and put under the spotlight in cross-examination.
Understanding Urgency
A client that comes to a lawyer not long after an incident is one that—in a lawyer's estimation—is more interested in getting the desired outcome. There's a statute of limitations on personal injury cases, typically four years. Anyone who waits months or even years before going to a lawyer about a case will raise red flags about how serious the motivation is to win.
On the other hand, someone that comes soon after an incident has left ample opportunity to gather "fresh" evidence. Witnesses will still have strong recollections, accident sites may still be intact, and evidence may still exist that might otherwise get lost or erode over time.
Show Trust In The Process
One of the best ways to get a lawyer to handle a personal injury case is to show your willingness to let a professional handle the case. After watching police procedurals, forensic reality television, and legal dramas, it's not uncommon for some people to make assumptions about how to carry out a case.
A real lawsuit and actual municipal bylaws, state and Federal laws are comprehensive and complex. A client that shows an inclination to be a "backseat lawyer" rather than let professionals do their job is likely to be refused by an attorney.
If you're considering legal action, always consult with an attorney, and get a case review.