The objective of personal injury law is to make individuals whole after getting involved in an accident due to somebody’s intentional or careless behavior. This category of law seeks to find solution to wrongful acts that don’t lead to criminal behavior, though in some instances there is an overlap. Personal injury law is abroad area and lawyers can opt to concentrate on representing plaintiffs. Personal injury lawyers specialize in defending individuals who have been involved in accidents. These lawyers examine whether or not the plaintiff has a genuine claim, file the required court documents and offer advice on whether it is better to attempt to reach settlement or proceed to full trial.
What do personal injury lawyers look for?
One of the very first concerns by a personal injury lawyer is how the accident actually occurred. So as to hold somebody financially responsible, they breached a legal duty or in simple terms did something wrong that resulted to the injury. It is not sufficient that the injury just occurred or injuries suffered are severe.
In order to have a valid injury claim, the accident victim must be able to provide enough evidence to show that the other party was at fault. In case you are the one at fault the lawyer may reject your case since the monetary award will be less or rejected based on the extent of your fault. Thus, a personal injury lawyer will evaluate whether legal accountability can be determined and gauge the probability of success.
The injury is not much serious
Personal injury lawyers look for damages as a measure of the expected recovery for tackling the case. When it comes to personal injury cases, how worse you are hurt is the most critical factor in a case. If the injuries are minor, the lawyer may not take up your case because the expected monetary benefit will likewise be lower.
In addition, the cost of building up the evidence to prove up your injuries has to be considered in the assessment of the lawyer. If the expected depositions cost exceeds the expected return on the case, the lawyer will likely fail to accept the case.
You appear to have spoken to many other attorneys
Most cases are dropped because prospect client appears to be looking to choose the lawyer based on the response they get on the value of the case. It close to impossible for a lawyer to give a client a case value before the lawyer determines all facts not forgetting the defendant’s insurance coverage. Personal injury victims should be wary of lawyers who place a value on a claim immediately after the first consultation.
Moreover, if you have been rejected by another law firm the lawyer will have a second thought about the case from either a liability standpoint or an unjustifiable expectation viewpoint.
The economic reality of the case
Personal injury lawyers based on eventuality fee basis. This means that the attorney will have to make a business decision on every case they accept to handle. In addition to the business judgement are things like, the out of pocket cost required for the lawyer to build the case, the amount of time the lawyer expects to use in the case and the overall fee expected. The lawyer must deliberate whether the time effort and money are worth it before he makes a decision of moving forward with the case.
To elaborate this, defense lawyers are paid on hourly rate based on every minute the take on a matter. The client is required to make upfront payment of the case expenses and the defense lawyer is paid irrespective whether he wins or loses the case.
Another scenario that proved hard is when the personal injury victim has suffered considerable injuries and also huge hospital bills to settle. This can come into consideration when the insurance cover available to cover the damages is inadequate and the hospital will be the first priority to get the money from the case.
In a nutshell, lawyers who take up personal injury cases on contingency fee basis must be business individuals and accept or reject cases after assessing the time and amount of money they must spend to have the case moved forward balanced against the ultimate fee that is expected to be received from the client should they win the case.