There’s no law that mandates a lawyer to take your case simply because you brought it to them. Just like you have the liberty to hire and fire one, a PI lawyer also has the liberty to turn you down when you approach them.
Before they agree to represent you, PI lawyers will carefully evaluate your situation. One of the key considerations a personal injury lawyer will evaluate is whether there’s a valid reason to decline a case.
The following are typically the top factors they’ll consider.
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How Strong Your Evidence Is
Evidence is the foundation of every case. Without a strong foundation, the entire case can crumble. That’s why your lawyer will meticulously assess the evidence to determine if it’s enough to build a solid case.
If the evidence isn’t strong enough, your lawyer might decide to conduct additional investigations. Sometimes, they could even hire experts or private investigators to gather more information. The end goal is to paint a clear picture of what happened and prove that the other party was responsible.
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Their Current Caseload
Even if your case is strong, a lawyer might not be able to take it if they’re already handling too many cases.
Lawyers have to be careful not to take on more clients than they can handle because they need to give each case the attention it deserves. If a lawyer is too busy, they might not be able to give your case the time and effort it needs to be successful.
If this is the case, they might refer you to another lawyer who has more availability or suggest that you wait until their schedule clears up a bit.
If you’re curious about who can file a lawsuit, check out who files a lawsuit?.
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Your Credibility
Believe it or not, your credibility can be a major factor in whether a PI lawyer will take your case. If your version of the events doesn’t add up or you have a history that might make a jury doubt your honesty, it could hurt your chances of winning.
They’ll also consider how consistent your story is and whether your testimony aligns with the evidence. If there are any discrepancies or if you come across as unreliable, it could weaken your case significantly.
A lawyer might also look into your past behavior, such as your criminal record, social media activity, or anything else that could be used to question your character.
For instance, if you’re claiming serious injury but your social media shows you participating in physically demanding activities, it might reduce their faith in your assertions.
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Economic Value of the Case
Every injury is unique, and everyone deserves their day in court. But before diving into a personal injury lawsuit, your lawyer will also consider a very practical factor: economic viability.
The costs associated with personal injury cases can put a huge dent in your wallet. You’ll typically have to dispense funds to cover the cost of expert witnesses, medical records, court fees, and more.
Your lawyer will weigh these costs against the potential compensation you could recover. If the expected payout doesn’t justify the expenses, it might not be financially viable to pursue the case.
For more on the initial steps, check out our article on what is the definition of a lawsuit?.
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The Statute of Limitations
Every personal injury case has a deadline for when you can file one, known as the statute of limitations.
The exact time limit can vary depending on where you live, but it’s usually between one and three years from the date of the accident. If you wait too long, you might lose your right to get compensation.
A PI lawyer will check to make sure that you’re still within the statute of limitations. If too much time has passed, they won’t be able to take your case because it would be impossible to win. This is why it’s important to contact a lawyer as soon as possible after your accident.