Will Lawyers Handle Cases They Can’t Win?
Hiring a lawyer is the first step when filing a personal injury lawsuit. They will optimize your case so that you receive your rightful compensation and penalize the at-fault party.
The thing is that legal experts may decline seemingly unwinnable cases to avoid wasting time and money. For example, they won’t accept claims the court could immediately dismiss because of not meeting particular requirements.
Now, you probably wonder how to determine if you have a winnable or unwinnable case?
And how can you find an attorney that will accept your personal injury case?
Read on for a guide about finding a legal representative.
Understanding Unwinnable Cases
A personal injury lawsuit could become unwinnable because:
- It doesn’t meet technical court requirements, or
- An attorney thinks they cannot win the case in legal battles.
For example, a personal injury case is unwinnable if you file it after the statute of limitation expires. That’s generally two years after the date of sustaining the injury. The court will immediately dismiss an expired lawsuit, or the defendant’s party could move to ignore it.
Another example is when a legal representative thinks you don’t have enough evidence to support your case. Remember that in a personal injury lawsuit, you have to prove these four elements of negligence:
- The defendant owes you the duty of care
- The defendant breached the duty of care
- The breach caused your injuries and damages
- The extent of the injuries and damages you sustained
Suppose you can only prove the extent of your injuries, but you can’t prove that the defendant’s negligence caused it. The legal representative may refuse your case because it’s likely to lose.
The thing is that the legal expert may take your case if some facts surrounding it are questionable.
For example, you were drunk and fell down the stairs in a bar, but there were preexisting defects in the stairs. The legal expert could accept your case and prove that the bar’s management or owner is liable.
Why Some Attorneys Don’t Accept Unwinnable Personal Injury Cases
As mentioned above, unwinnable cases have high chances of losing or being dismissed. Now, always remember that filing a lawsuit demands significant time and money in doing things like:
- A case investigation involving the collection of medical records, video footage, and witness statements
- Communicating with the defendant’s insurance provider for settlement
- Paying court fees to file a lawsuit formally
A reliable legal representative wouldn’t want you to waste time, money, and effort through these procedures for an unwinnable case.
For example, they could suggest you should not file a lawsuit after its statute of limitation expires. They avoid your having to pay filing fees when they know you’ll eventually receive a court dismissal order.
What to Do if a Lawyer Doesn’t Take Your case
Finding another legal expert is the best step if one doesn’t accept your case.
Keep in mind that attorneys have different specialties and experience records. Thus, a legal representative could accept a case that others deem unwinnable.
For example, an ordinary personal injury lawyer could refuse to take your car crash case. However, a Glendale personal injury attorney with intensive experience in auto accident lawsuits could accept it.
You may ask the first legal expert you had consulted to refer you to the correct lawyer.
Consult the Best Personal Injury Lawyer in Glendale to Take Your Case
A legal expert could refuse to accept your case to save you from wasting time, money, and effort. However, it doesn’t mean that you should stop trying to pursue the compensation and justice you deserve.
Instead, consult the best and right Glendale personal injury attorney who will accept and help win your case.