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Why Do Personal Injury Law Firms Turn Down Cases?

Why Do Personal Injury Law Firms Turn Down Cases?

A Personal Injury law firm's goal is to help as many clients as possible seek justice. Shaked Law Firm explains the importance of honesty and credibility

A Personal Injury law firm usually offers free case evaluations to get a better idea of the potential for success. This benefits the potential client, because a credible lawyer will not waste time with a made up claim. Usually, lack of honesty is the top reason a Personal Injury lawyer refuses to accept a case. It’s for this reason that an initial consultation will not constitute the attorney-client relationship.

If a case is not credible, a lawyer with experience can sense it from the consultation stage. Every great lawyer’s goal is to help as many clients as possible seek justice. This is why it’s important to be completely honest about every detail. Lying to the lawyer, telling one story but doing another outside the office, takes a lawyer’s time away from credible clients!

What should potential Personal Injury clients expect?

Potential clients should understand that their lawyer is not their friend. This means, they are not going to tell a client what they want to hear, only the truth. A lawyer is there to provide expert advice and protect the rights of those who come to harm. If a lawyer decides not to take on a case, they’ll have upstanding reasons for doing so. For lawyers with experience, it’s not about making money off a client. It’s about a credible case that provides justice for pain and suffering.

When it comes to accepting a case, a lawyer with experience will see the potential for justice they can provide a client. Their first instinct will always be to fight for those who have come to harm due to someone else’s bad judgement. There is no sense in exaggerating the details of an accident to a Personal Injury lawyer. With extensive experience, they’re able to place clients in two categories: the truthful, justice-deserving clients, and the liars.

What makes an excellent Personal Injury law firm?

A lawyer who places profit before pain and suffering should not be practicing Personal Injury Law. Personal Injury Law requires a high level of ethics and honesty. Lawyers can empathize, but must maintain composure. Clients who find themselves in a law firm that treats them as a number should quickly pursue another firm where paper pusher lawyers are a thing of the past.

Why is Credibility in a Personal Injury case important?

There are a few reasons why a Personal Injury law firm will turn down a case. After years of practicing law, lawyers at top law firms become familiar with what wins cases. This can mean either during mediation, or if necessary, trial.

How does “client credibility” affect the outcome of a Personal Injury case?

  • Credibility! This is the #1 reason a Personal Injury law firm turns down a case. Sometimes clients lie during consultation. A lawyer with experience knows a credible case from the initial consultation. Lying puts client and lawyer in a very difficult position. Lawyers must negotiate expertly on behalf of clients when it comes recovering compensation. If the story isn’t adding up, this makes the law firm lose credibility. Also, lying in court is 100% illegal. Even the victim can face consequences if they choose to lie under oath.
  • Lying to a lawyer WILL destroy the case! Don’t kill the case by telling a lawyer a story. Tell the whole truth and nothing but the truth. Whether or not the client has a case after the initial consultation comes second to the truth. It’s natural to feel angry, upset, depressed, and emotional after an accident with serious injuries. However, the lawyer knows what they’re doing. Trust that they’re resolving the case as quickly as the legal system allows.
  • Someone is always watching! Insurance companies, the defense doctor, and the Personal Injury lawyer are all looking at what the client is doing all the time. It’s easy to catch a client using Facebook and Instagram. They may be posting videos dancing and at the gym, but claim they’re unable to work due to injuries. This doesn’t look credible to those involved in the case! In fact, this can kill the case and leave the client with no compensation.
Why else is a Personal Injury case turned down?

There are other reasons a Personal Injury lawyer may choose not to take a case after initial consultation. The following are the top reasons a lawyer may decide to decline a case after evaluation:

  1. The statute of limitations runs its course. a Personal Injury law firm cannot take a case in which the Statute of Limitations has been exceeded.
  2. The lawyer doesn’t feel they have enough experience to try the case successfully. This is a noble declination. In these cases the lawyer may refer the client to another lawyer they know that has more experience. This is what’s known as a “referral” and it’s a polite and common practice in the field of Personal Injury law.
  3. The lawyer knows the case cannot be tried (a/k/a “you don’t have a case”). Not every wrong is something that can have a lawsuit brought because of it. There are laws that vary by state that may simply bar the lawyer from trying that type of case. Wrongful death cases in the state of Florida are notoriously complex in this way.
Credibility ensures success

Finally, It’s not that the lawyer doesn’t like the client or doesn’t want to work hard for them. There is always a good reason why a Personal Injury lawyer won’t take a case. Lawyers went to law school, passed the bar exam, and became Board Certified in order to separate the potentially successful cases from those that won’t or can’t win at trial.

A Board Certified Civil Trial Lawyer knows best.

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