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A Guide to What a Personal Injury Lawyer Looks for in Deciding Whether to Take Your Case

On Behalf of | Aug 19, 2019 | Firm News

Created: 19 August 2019

Top level personal injury lawyers are very selective about the cases they accept. A highly rated personal injury attorney is required to consider several important factors in deciding whether to take a personal injury lawsuit. First, the best personal injury law firms must assess whether they can prove that the opposing side did something wrong that rises to a negligence, or even recklessness, sometimes referred to as “liability.” Not all harmful conduct is negligence, it depends on whether the opposing side behaved unreasonably under the circumstances, without due care, where it could be reasonably foreseen that another could be injured. Often the personal injury lawyer will enlist the help of qualified experts in the proper field (such as accident reconstruction experts) to help determine whether liability can be proven. Second, the personal injury attorney will assess the level of injury and harm that you suffered in the accident. Personal injury lawsuits are very expensive to bring to trial, so usually only cases involving meaningful injuries are pursued to ensure that the costs of litigation do not exceed the damages that could reasonably be awarded to you. A third item that a personal injury law firm will evaluate is the level of insurance or financial resources the opposing side has available from which to pay money damages, whether in the form of liability insurance or otherwise. Finally, a fourth consideration is timing relative to the statute of limitations (time deadlines) for taking legal action on personal injury cases. There are other factors that may be considered, and each case certainly is unique, but the topics discussed above are a general starting list of the initial things a personal injury attorney will evaluate in deciding whether to take your personal injury case.