If you've suffered an injury in an accident that wasn't your fault, you might consider hiring a personal injury lawyer. But maybe you're worried that your case is too hard to win. You might wonder if a personal injury lawyer will even take your case if they don't think they can win it. The good news is that most personal injury lawyers are happy to talk to you about your case for free. They can ensure you understand your options and determine the best next steps. So don't be afraid to reach out and get the support you need.
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Why Personal Injury Lawyers Usually Only Take Strong Cases
Most personal injury lawyers work on a "contingency fee" basis. That means they only get paid if they win money for their client. If they take a case and lose, they don't get paid at all. Because of this, personal injury attorneys have to be careful about the cases they take on. They need to feel confident they can win the case and get their client a good settlement or jury award.
When you go in for your free consultation, the personal injury lawyer will ask you many questions about your accident and injuries. They'll want to know things like:
How Did the Accident Happen?
The personal injury lawyer will need to understand how your accident occurred. Were you in a car crash? Did you slip and fall on someone's property? Did a defective product hurt you? The specific circumstances of your accident will give the lawyer clues about who might be at fault and what kind of evidence they'll need to prove your case.
Who Was at Fault?
Figuring out who caused your accident is one of the most important parts of your case. The personal injury lawyer will want to know if there's clear evidence that someone else's negligence led to your injuries. For example, if you were in a car accident, the lawyer will ask if the other driver was speeding, distracted, or breaking traffic laws. If you slipped and fell, they'll want to know if there was a dangerous condition on the property that the owner should have fixed.
What Kind of Injuries Did You Suffer?
The severity of your injuries will significantly impact the value of your case. The personal injury lawyer will ask about how you've suffered an injury, both physically and mentally. They'll want to know if you've broken any bones, had surgery, or suffered brain or spine injuries. They'll also ask about "invisible" injuries like pain, anxiety, and emotional distress.
Have You Gotten Medical Treatment for Your Injuries?
For a strong case, you'll need medical records showing the full extent of your injuries and the treatment you've needed. The personal injury attorney will want to know if you saw a doctor right after the accident and if you've followed their recommendations. They'll also ask if you have any preexisting medical conditions that the accident might have made worse.
How Have the Injuries Affected Your Daily Life?
The personal injury lawyer will also want to understand how your injuries have impacted your day-to-day life. Are you in constant pain? Have you had to miss work or school? Can you still do the things you love, like playing with your kids or enjoying your hobbies? The more the lawyer understands your challenges, the better they can fight for a fairly compensated settlement.
Did You Miss Work Because of the Accident?
If your injuries have kept you out of work, that lost income can be a major part of your case. The personal injury lawyer will ask about your job, your salary, and how much work you've missed. They'll also want to know if your injuries will prevent you from working in the future. All of this information helps the lawyer calculate your total damages.
The lawyer will also look at any evidence you have, like police reports, witness statements, and medical records. They use all this information to get a sense of how strong your case is.
If the personal injury lawyer believes you have a strong case, they'll probably agree to represent you. But they might say no if they think your case is weak or hard to prove. It's nothing personal - they're just trying to make smart business decisions to keep helping as many people as possible.
What Makes a Personal Injury Case Hard to Win?
There are a few main things that can make a personal injury case tricky to win:
Unclear Fault
Suppose it's unclear who caused the accident; that makes the case much more difficult. The personal injury lawyer has to prove that someone else was careless and that their carelessness led to your injuries. The lawyer might not want to risk taking the case if there's no clear evidence of who was at fault.
Preexisting Injuries
Suppose you already had health problems or injuries in the same body parts before the accident. In that case, the lawyer might be worried that the insurance company will argue your pain is from those old problems, not the accident. The lawyer will need clear medical records showing the accident made your condition worse to have a strong case.
Gaps in Medical Treatment
The lawyer will also want to see that you got medical treatment immediately after the accident and followed all your doctor's orders. If you waited too long to see a doctor or didn't go to your appointments, the lawyer might be concerned that the insurance company will say your injuries weren't that serious. Those gaps in treatment can hurt your case.
Low Insurance Policy Limits
Sometimes, the biggest problem is that the person who hurt you doesn't have enough insurance to cover all the costs of your injuries. In a case like that, even if you win, you might never see the full amount you deserve. The personal injury attorney has to consider whether it's worth putting in much work on a case when there might not be much money to recover.
When Lawyers Might Take Difficult Cases
Now, this doesn't mean personal injury lawyers NEVER take hard cases. Sometimes, they'll decide to roll the dice on a difficult case for a few reasons:
The Injuries Are Severe
Many lawyers will fight for you if your injuries are extremely severe or life-changing, even if the case isn't a slam dunk. They know how much you're suffering and that you need help. So, they might be willing to put in the extra work to get you the compensation you deserve, even if it's an uphill battle.
It's the Right Thing to Do
Some personal injury lawyers also make it their mission to stand up for "the little guy" against powerful businesses and insurers. They see it as their job to help needy people, even when they face unfavorable odds. If they truly believe in your case, they might take it on as a matter of principle.
The Potential Payout Is High
Finally, in some cases, the possible settlement or jury award might be so high that it's worth the risk of taking on a difficult case. This usually applies to extremely severe, permanent injuries and wrongful death cases. However, the personal injury lawyer will still want to see strong evidence that someone else was at fault.
The Bottom Line on Difficult Cases
Most personal injury lawyers have to be picky about the cases they take. It's a business decision - they need to spend their time on cases they're confident they can win. But that doesn't mean you're out of luck if you have a tough case. Some personal injury lawyers are willing to fight for you, even if it's not easy.
The only way to know if a personal injury lawyer will take your case is to go for a free consultation and tell them your story. Be open and honest about everything that happened. The more information the lawyer has, the better they can assess your case. And remember, just because one lawyer says no doesn't mean they all will. You might need to talk to a few personal injury lawyers before finding the right fit.
Trust Your Gut When Picking a Lawyer
This is why it's so important to trust your gut when you're picking a personal injury lawyer. In that first meeting, pay attention to how the lawyer makes you feel. Do they seem like they truly care about you and your case? Do they take the time to listen to you and answer all your questions? Or are they just trying to rush you out the door?
You want a personal injury lawyer who makes you feel heard and supported - someone you can trust to guide you through this difficult time. If something feels "off" about a lawyer, it's okay to keep looking even if you can't quite put your finger on it. There are plenty of caring, skilled personal injury lawyers out there. Don't settle for anyone who makes you uncomfortable.
Your Lawyer Should Be Your Champion
When you're dealing with serious injuries after an accident, you need a personal injury lawyer who will be your champion - someone who will stand up for you and fight to get you the compensation you deserve. A good personal injury lawyer will be your guide, your advocate, and your support system.
Look for a personal injury lawyer who takes the time to get to know you and understand how your injuries have affected your life. They can explain the legal process in simple terms and help weigh your options. And they should be responsive to your calls, emails, and questions. You should never feel in the dark about what's happening with your case.
Ask About the Lawyer's Track Record
One way to get a sense of whether a personal injury lawyer is up to handling your case is to ask about their track record. Have they handled cases like yours before? What kind of results did they get for their clients? Of course, every case is unique, so they might not have an example that matches your situation exactly. But a good personal injury lawyer can talk to you about their experience and give you a general sense of how they approach cases like yours.
You can also ask the lawyer for references or testimonials from past clients. A lawyer who gets a lot of referrals and repeats business is usually doing something right. And client reviews can give you valuable insight into what it's like to work with that lawyer.
Communication and Trust Are Key
You build a relationship with your personal injury lawyer based on communication and trust. You're putting your case - and, in some ways, your whole life - in their hands. It’s important that you feel like you can be open and honest with them about everything that happened and everything you're going through.
Your personal injury lawyer should create a safe space for you to share your story and your struggles. They need to know all the details - the good, the bad, and the ugly - to build the strongest case possible. But you'll only feel comfortable sharing if your lawyer has your back.
This is why it's so worthwhile to take your time and find a personal injury lawyer you click with. Trust your instincts, and don't settle for anyone who makes you feel uneasy or unheard. With the right personal injury lawyer, you can focus on healing while they handle the legal heavy lifting. You deserve a fierce advocate in your corner, fighting for the best possible outcome.
Call a Personal Injury Lawyer Today
Remember, you don't have to go through this alone. A good personal injury lawyer will be your guide, your advocate, and your champion. They'll handle all the legal details so you can focus on healing and moving forward with your life.
If you've suffered an injury in an accident, don't hesitate to reach out and get the support you need. Call a personal injury lawyer today and take the first step toward getting the justice you deserve.