Why would a personal injury attorney turn down a case?

Most people who are injured due to what they think might be negligence on the part of someone else will usually have one big question in mind, “can I sue for damages?” If you have ever tried to hire a personal injury attorney in Chicago and you cannot find one who will take your case you no doubt will be wondering why. There are a number of things that an attorney must take into consideration before deciding on his or her course of action.

Financial considerations:

It must be understood that almost all personal injury attorneys work on a contingency basis which means they don’t get paid unless they are successful and their client is granted an award. This is not much different to anyone who works on commission and doesn’t get paid unless they make a sale.

As a result of contingency payment the attorney must be careful when agreeing to take a client, there is a lot of time and expense required and if the attorney were to take a case that cannot be won on merit he or she would not remain in business very long. It is also not good for the client who may be lulled into believing the case can be won.

Reasons for not taking a case:

  • The injuries sustained are the measure of potential damages, if there were no significant injuries or they were minor in nature the chances of financial recovery are very low, usually nothing.

  • The case must be brought before the court before the expiration of the statute of limitations. Most cases of negligence must be filed within two or three years depending on the jurisdiction. In most cases a claim on your auto insurance is limited to one year and if the case is reported after this there is very little the attorney can do.

If the defendant is seen as not being at fault they are not liable for any payments. Serious injury is not enough to warrant an award, the defendant must have done something wrong and the personal injury attorney in Chicago must be in a position to prove it. If you were the one that ran a red light and there are a number of witnesses that will attest to that fact the case is bound to fail.

If you have been injured and believe you have a strong case, there is not time to waste. Call Bizzieri Law Offices today at 773.881.9000 for a free consultation.