How Does a Personal Injury Lawyer Decide to Take a Case?

The Top 5 Facts a Personal Injury Attorney Considers Before Taking Your Case

Who Is Liable For The Accident?

The first and most important determination in whether a personal injury lawyer will take on your case is who is liable for the accident.

The term liability refers to the party at fault. If the police report and witnesses both say you caused the accident, a judge or jury would likely think the same thing. 

Therefore, most lawyers will not take your case because you were liable for your injuries.

If this is the case, your best chance would be to beat your ticket and have the fault overturned in traffic court.

If you need more depth information about what you need to help your case and ensure an attorney will take your case, click here.

Were You Injured In the Collision?

A case with clear liability but little to no injuries or damages is almost worthless to an attorney.

Most personal injury lawyers work on a contingency fee basis, which means they do not get paid until you receive a settlement.

Therefore, they cannot afford to take on a personal injury claim that they know will pay out next to nothing.

If you did not incur significant damages and you suffered no injuries, the likelihood of receiving a decent settlement offer is extremely low and not worth an attorney’s time.

Based on the above factors, your attorney will come up with a range of monetary values for your non-economic damages.

Have You Talked To An Insurance Adjuster?

If you spoke to an insurance adjuster, your attorney would need to know what you disclosed and if you provided a recorded or written statement about the accident and extent of your injuries.

If you have done this, it is a giant red flag to your potential attorney. Insurance adjusters often try to get accident victims to give a written or recorded statement about the accident and how it happened.

They will also want to know about your injuries.

They will attempt to engage you in conversation, where they will subtly try to get you to tell them about the accident and the extent of your injuries.

At this time, politely refuse discussing any of the facts. If you want to win your case, it is essential not to give details about the accident or injuries. This is because you may leave something out, discover an injury later, or your injury may become worse than you originally thought.

Providing an incomplete or inaccurate statement to the insurance company will result in them invalidating your claim later on.

Related Post: Which accidents fall under premises liability in Georgia?