Like any American business, personal injury law firms have a right to refuse service to potential clients, as long as the basis of that refusal is not based on the client’s race, sex, religion, or some other factor that would be considered discriminatory. There are several valid reasons why a lawyer may not take on a car or motorcycle accident case.
The first is that they may believe you have no chance of winning your case, such as if:
- The statute of limitations, the deadline for filing a lawsuit, has passed;
- You do not have a lead on how the other party could be at fault for the crash; and/or
- You do not have sufficient evidence to prove your injuries or damages.
A vast majority of personal injury attorneys work on a contingency fee basis, which means they will not get paid unless they win. More importantly, a good attorney who genuinely cares about their clients will not want to waste the potential client’s time by bringing forth a lawsuit that is bound to fail. If an attorney tells you up front that you do not have a strong or valid case, they are most likely trying to be honest and do you a favor.
Another reason may be that the value of your case is too low. They may not want to devote their money and time to it if the outcome is going to be a small payout for you and their firm. Similarly, they may reject your case if there is no way for you to collect the jury award or settlement, such as if the defendant does not have the means to pay it.
One reason that often goes overlooked is that the attorney may have a conflict of interest and, therefore, cannot represent you in your case. A few examples of this may be if their spouse works at the company you want to sue or if they previously represented the at-fault driver or a loved one of the at-fault driver in another lawsuit.
Lastly, an attorney may reject your case because of a lack of rapport. A lawsuit is sure to reap disappointing results if you and your attorney have a difficult time working together, cannot communicate with each other, and/or cannot agree on the basic elements of your case or what would constitute a favorable outcome.
When you are seeking legal counsel, it is crucial to not be deterred if one lawyer does not accept your case. You should always get a second, or even third, opinion. And do not be afraid to politely request a reason as to why the attorney would not represent you. They may have rejected your case over a simple conflict of interest; if you do not ask, you may give up on pursuing a valid case.
If you have been injured in a car or motorcycle crash, The Law Office of Marshall Silberberg may be the right firm for you. With over half a billion dollars recovered for our Orange County clients, you can trust us to put you and your case first. We will work tirelessly to get you back on your feet after a life-changing accident.
Contact our Orange County firm onlineor call us at (949) 565-4281 for a free consultation. If we don’t win your case, you won’t owe us a cent!